Drafting and Negotiating Commercial Software Licenses: A Review of Selected Issues Raised by Proposed Uniform Commercial Code Article 2B
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Handlos, Bryan G.
INTRODUCTION|The Preface to proposed Uniform Commercial Code Article 2B states that the basic philosophy of UCC provisions on commercial law builds on two basic assumptions: (i) to preserve freedom of contract and "provide background rules, playing a default or gap-filing function"; and (ii) to facilitate commercial practice. Regarding the latter point, the Preface quotes Grant Gilmore that "[tihe principal objects of draftsmen of general commercial legislation... are to be accurate and not to be original."If the final product is faithful to these assumptions, practitioners in the area of commercial software licensing should have little overall cause for concern with the eventual enactment of Article 2B. In fact, many practitioners may welcome Article 2B's contribution to codifying the law in an area that could be suggested to be relatively ill-defined as compared to the law in other areas of comparable commercial significance...
30 Creighton L. Rev. 1189 (1996-1997)
Creighton University School of Law