The implied warranty of merchantability in software contracts: a warranty no one dares to give and how to change that

Article Abstract:

Drafters of Article 2B of the UCC governing licenses should create a new tailored version of the warranty of merchantability for computer software and not import failed UCC warranty of merchantability section 2-314 into Article 2B. The sale of goods warranty is so often disclaimed that it has become a nearly void provision in practice. The drafters of Article 2B may be successful in the creation of a narrow version with standards of quality acceptable and not feared by the industry.

Warranty, Software, Licensing agreements

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Treatment of consumers under proposed U.C.C. Article 2B - Licenses

Article Abstract:

Article 2B of the UCC retains the principle of freedom of contract in its provisions guiding licensing transactions while providing new consumer protections where necessary. Article 2B is by necessity the result of compromise between drafters, information users, and the information industry. Minor impingements on contracting freedom and increased complexity result from consumer provisions in areas such as choice of law and forum.

Interpretation and construction, Consumer protection, Commercial law, Licenses

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