Research On The Mass Market License Of Computer Software

As an innovative product of the unification of the state law movement in the United States,The Uniform Computer Information Transactions Act is causing a revolution to the existing laws and the traditional values we have today.After more than a decade of theoretical explore and system design,Professor Raymond T.Nimmer and his fellow researchers finally carried out UCITA to regulate the worldwide increasingly and irrevocably computer information transactions.As the global informationization wave tide rolled up each corner in the world today,software license transactions are becoming the essential part of the world economic,as the core matter of the UCITA, mass-market license as a system design thus worth researching.This paper analyzes software mass-market license from two aspects.First use classification discussion and comparative study methods to analyze the present status of software mass-market license transactions regulations in different countries.Second,combine the problems arose in the software license transactions,including the later terms problem,the doctrine of privity of contract problem,and the enforceability of the conduct of open and use of the software problem,this paper will analyze and evaluate the mass-market license related provisions of the UCITA.At last,based on a series of investigation of the present status and the existing problems of the computer information transactions especially the software mass-market transactions in China,and learn from UCITA and from other countries' advanced legislative experiences,this paper brings forward a few legislative suggestions for China's computer information transactions regulation, and suggests that we should try to use the existing legislations to regulate the problems we faced now,and enact a contract law aim at computer information transactions in the future.