Express warranties and Published Information Content under Article 2B: does the shoe fit?

Article Abstract:

The express warranty provisions of Article 2B of the UCC governing licenses should be changed to reflect the need for freedom of information and the unique character of information transactions. Article 2B creates the term Published Information Content to distinguish information published for access by a general audience from that tailored for a special relationship. The continuous performance and 1st Amendment aspects of information transactions make them unamenable to traditional express warranty principles.

Warranty, Laws, regulations and rules, Intellectual property, Protection and preservation, Licenses

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The perpetuation of litigation within the commercial industry: soon brought to a screeching halt

Article Abstract:

Article 2B of the UCC governing licenses and focusing on information transactions will provide the uniformity needed in the treatment of software licensing transactions. Prior reliance on Article 2 governing the sale of goods resulted in inconsistent court treatment largely due to the poor fit of the predominant feature test which was often applied. Article 2B provides law and remedies specially tailored to the intangible qualities of software which should result in less litigation and fewer transaction costs.

Software, Licensing agreements

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• Abstracts: A comparison and critical assessment of Porat and Rubin's information economy and Wallis and North's transaction sector

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