The Status Of UCITA In The Legal System Of US

The Uniform Computer Information Transactions Act(UCITA) has been drafted to address questions regarding contracts covering computer information.It has been developed by the National Conference of Commissioners on Uniform State Laws(NCCUSL),which provides a framework for information transactions in the Information Age and makes big progresses on the contractual law.For its special subject matters and rules,which give challenges,conflicts and confusions on the traditional contract rules and the federal intellectual property laws,UCITA has always been a controversial topic in US.It has been adopted only by two states:Virginia and Maryland so far.As a result,the legal status and value of UCITA has been questioned.This article attempts to study the relationship between UCITA,UCC and the federal intellectual property laws mainly through the comparison analysis.This can help us get a clear understanding of the status of UCITA in the legal system of US,and also the value of UCITA in the Information Age.In the first chapter,the author introduces the general conditions of the study on this subject.In the second chapter,the author gives a brief and overall introduction of the background of UCITA,and then analyzes the position of UCITA in the legal system of US.In the third chapter,the author first introduces the similarities of UCITA and UCC,and narrates the attitude of UCITA to UCC.Then,the author essentially analyzes the differences of UCITA and UCC§2,and especially introduces the innovations of UCITA.Through the analyses of the attitude of UCITA to UCC§2,the author discusses the problem on which law will apply to in mixed transactions.In the fourth chapter,the author introduces the conflicts between UCITA and the federal intellectual property laws and the problems these conflicts bring.Through the analyses of the threat of UCITA to the preemption and the fundamental policies of the federal intellectual laws,the author gives some solutions to the problems.In the last chapter,the author gives an evaluation on the UCITA,and some suggestions to the legislation on computer information transactions in our country.