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Regulating Commerce Between The States Was One Essay

Regulating commerce between the states was one of the overriding problems facing the drafters of the original U.S. Constitution. Under the Articles of Confederation, regulating such commerce was a significant problem so when the Constitution was being written the following language was incorporated to address the problem. In Article 1, Section 8 the Constitution states: To regulate Commerce with foreign Nations, and among the several States,

and with the Indian Tribes.

Further, in Article 1, Section 9 the Constitution states:

No Tax or Duty shall be laid on Articles exported from any State. No Preference

shall be given by any Regulation of Commerce or Revenue to the Ports of one

State over those of another, nor shall Vessels bound to, or from one State

be obliged to enter, clear, or pay Duties in another.

Supreme Court rendered its decision in the case of Gibbons v. Ogden, 22 U.S. 1 (1824). Since the decision in Gibbons, the issue of the federal government's right to regulate commerce has been unquestioned.
The UCITA is a proposed uniform law that is intended to govern software licensing, online access and other transactions in computer information. Meanwhile, the UCC is an uniform set of laws promulgated in an effort to harmonize the law of sales and other commercial transactions in all 50 states. The UCC has been in effect since 1952 and been widely accepted as a form of regulation. The UCITA, on the other hand, has been widely criticized and declared by a number of organizations as being dangerous and anti-competitive. In a great number of…

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The distinction between selling and licensing is essentially focused on the ownership of the product. When a product is sold the purchaser is granted ownership and is free to use and dispose of the product in whatever fashion he or she feels is appropriate. In a licensing situation, however, the ownership of the product is retained by the vendor and the purchaser is afforded the right to use the product but in a limited fashion. The product owner retains the right of ultimate control subject to the licensing conditions granted to the licensee.

The drafting of the UCITA was originally intended to serve as an amendment to article 2 of the Uniform Commercial Code (UCC). Joining in the draftsmanship of the UCITA were the two organizations sharing responsibility over the management of the UCC, the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL). Disputes related to the UCITA being imbalanced and unfair to software users eventually arose between the two organizations. Ultimately the ALI withdrew its support for the provisions of the UCITA. Without the ALI's support the enactment of the UCITA as an amendment to the UCC became impossible and the NCCUSL went forward with the approval of the UCITA as a standalone document.

Although the UCITA eventually received the approval of the NCCUSL committee, individual state approval has been slow in coming. Organizations such as the American Bar Association have openly opposed its approval. Patrick Thibodeau, (2003), ABA refuses to endorse UCITA, Retrieved November 27, 2010 from the World Wide Web: http://www. Computerworld.com/s/article.
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