Article 2B Essays - Contract Law, Implied Warranty, Software License

Article 2B A new law will probably be introduced into state legislatures which will govern all contracts for the development, sale, licensing, and support of computer software. This law, which has been in development for about ten years, will be an amendment to the Uniform Commercial Code. The amendment is called Article 2B (Law of Licensing) and is loosely based on UCC Article 2 (Law of Sales), which governs sales of goods in all 50 states. A joint committee of the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute is drafting the changes to the UCC. The UCC was drafted in the 1950's and currently governs the sales of goods but not products like software, which are licensed, not sold. Basically, when you purchase software, you are purchasing the information and rights to use the software. Article 2B creates standards for licensing these information products, including rules for interpreting warranties, legal remedies, liability and risk. This project began to give consideration to instituting a separate article of the UCC for software and related contracts. Article 2B is designed to bring uniformity across states and across the goods vs. services issue. It is intended to make software contract laws more consistent and clear among states. If laws are consistent from state to state it makes it easier for buyers and sellers to understand how to do business with each other. There is a great benefit in creating a uniform system for software products and services, however, this proposal for Article 2B does have major flaws. Article 2B employs a contracting model that excludes negotiation and that doesn't reveal terms of the contract to the customer until after the sale is complete. It also adopts a licensing model that says when you buy software, you are really only buying the right to use it. Consumers also have little or no opportunity to read warranties and disclaimers before purchasing the product. The draft of Article 2B eliminates some of the legal protections that software buyers currently take benefit from. For example, it reduces vendor liability for software defects and viruses and allows vendors to charge separately for software licenses, maintenance and support. Critics say that Article 2B is biased in favor of software vendors. While this is the dominant issue for this paper, there are some positive ideas proposed in the amendment. It creates balance and structure, reduces uncertainty and non-uniformity of licensing law, sets performance standards, and innovates the concept of mass-market transactions. The Mass-Market License is a standard-form, non-negotiable, license. Companies use standard-form contracts instead of trying to negotiate a separate contract for each buyer, or licensee. The lengthy legal forms that most don't read when installing software are shrink-wrap licenses. These mass-market licenses restrict rights of users. Licenses involve restrictions on the use of intellectual property. They can have nondisclosure provisions, restrictions on how the product is used and who can use it, and restrictions on transfer of the licensed product. Software companies solely benefit from this where they can not only dictate the terms of the agreement, but they can also avoid consumer defect and privacy protections laws that apply to a sale of goods. An example of a typical shrink-wrap license on-line is as follows: Attention, Please Read: Installing this software constitutes your acceptance of the terms and conditions of the license agreement. Other rules and regulations of installing this software are: 1. The product cannot be rented, loaned or leased. 2. The customer shall not disclose the results of any benchmark test to any third party without Network Associates' prior written approval. 3. The customer will not publish reviews of the product without prior written consent from Network Associates. By loading any software, you may be inadvertently entering into a contract. Software publishers claim that these one-sided contracts are legally binding, but American courts disagree. Article 2B says that the publisher doesn't have to show software customers the terms until after the sale, when it's too late to do comparison shopping. By then, the consumer has already started installing the software. The customer is deemed to have accepted the terms of the contract if he/she uses the product instead of returning it. All of the terms of the agreement are now

Explain ‘Natural Moral Law’ Essay Example

Explain ‘Natural Moral Law’ Essay Example Explain ‘Natural Moral Law’ Essay Explain ‘Natural Moral Law’ Essay Natural Law can be traced back into the Ancient Greek and Roman universes. In Sophocles’ drama Antigone’ . Natural Law is really evident throughout and the Hagiographas of the Greek Philosopher ; Aristotle. In his plants – Nicomachean Ethics’ – he wrote ; The natural is that which is everyplace. is every bit valid. and depends non upon being or non being received†¦that which is natural is unchangeable. and has the same power everyplace. ’ The Ancient Stoics emphasised the importance of Logos. or reason. that governs the universe and sees human nature as one natural order. They considered natural jurisprudence as a jurisprudence of right reason’ . In his missive to the Romans. St Paul wrote about a jurisprudence that is written in the hearts’ of Gentiles. It is hence clear that throughout the ancient universe. although there is differing nomenclature. at that place seems to hold been a consensus over the being of a natural moral jurisprudence. which dictated the rightness or inappropriateness of an action that was non dependent upon the Torahs created by society. St. Thomas Aquinas developed a Fuller history of this natural law’ in the 13th century. This theory is both deontological and absolutist and so his ensuing work is focused upon the ethicacy of actions. In his work Summa Theologica’ . Aquinas described natural jurisprudence as a moral codification. which exists within the intent of nature and was created by God. He says that it is present in every human being. Natural Law exists to help worlds. directing their actions in such away that they might run into their ageless fate. He argued that there was a basic jurisprudence. from which all the other natural Torahs derived. This was to prosecute good and avoid immorality. For Aquinas. both the purpose and the act are of import. this is because his theory is based on a chiefly deontological position. The lone terminal that he values is God as He is per se good. He believed that Acts of the Apostless are per se good or bad because when human existences act in conformity with their ultimate intent. God is glorified. Aquinas followed the line of idea that human existences are intelligent and therefore should be able to direct him or herself. this therefore significance that they can take duty for cognizing and making what God intends for them. Whether or non an act leads towards God depends on whether it fits the intent that worlds were made for. For Thomas Aquinas. the chief intent of human life is to continue the ego and the inexperienced person. to reproduce. worship God. get cognition and live in ordered society. . He names these the primary principles – Acts of the Apostless that are in conformity with these principles are good and those. which do non. are bad. He besides names them the secondary principles – which are opinions about things that we should or should non make because they uphold a primary principle. The theory of Natural Law as put frontward by Aquinas. is based upon the spiritual position that God created the universe. set uping in it a sense of order and intent. which is a direct representation of His will. In the natural jurisprudence attack to moralss. the action itself can either be natural or unnatural. and is judged on that footing. It does non depend for its moral jurisprudence justification upon any consequences. Therefore. harmonizing to natural jurisprudence. an action can be deemed good in itself. even if it brings about enduring. In decision. Natural Moral Law enables to set up regulations in order to construction a community. It gives a concrete ground to be moral and a steadfast footing from which to decline to step over moral boundaries. It provides justification and support for certain nucleus thoughts and it Judgess actions. irrespective of effects. Natural Moral Law isn’t merely merely a set of regulations. but a manner of life. It gives counsel on mundane inquiries on how to populate and associate them to the cardinal rules of life. It provides a complete system of moral life in measure with what it is to be human.