"I accept" button

[Robert E. Jones, III]

At 07:04 PM 4/26/2002 -0700, David Johnson wrote:
>Since software is sold commercial, purchasable in retail outlets across the
>nation, marketed as a product, etc., I can't understand why the UCC wouldn't
>apply.
>
>Do you happen to know the rationale behind not including commercial software
>in the US Commercial Code? If all I get for $109.99 is the physical media,
>then I want a damn huge discount when I buy it online for download...

Well it comes down to what is being "purchased".  When you pay $109.99, the 
majority of what you are buying is the license itself.  The UCC only 
applies to physical goods, such as cars, land, lumber, etc. not to 
intangibles, like a license.   That is way it may apply to the  physical 
media itself, but not to the software.  Again, however, there is a lot of 
debate over this issue, since many people feel that you buy the software 
itself and not just a license.  However, I don't know of any court that as 
ruled that software is covered under the UCC.

Rob Jones

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3