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