Abstract
This paper presents the dilemma of e-commence age that huge amount of computer –related litigation challenges the law of different countries on how to appropriately resolve these difficulties. Through this paper, the author tries to compare UCITA and EU with China’s approaches, seeks for guidance or inspiration for policymakers in China. The author seriously examines the conflicting interests and problems faced by both software suppliers and users. By conclusion, the author believes that there exists a number of grey areas and an urgent need for new judicial interpretation in China.
Highlights
For more than a half century, computer software has gradually reduced in price, revolved from huge mainframe use into retail items available to the mass market
In 2000, the U.S passed a controversial rule for computer transactions at Federal level —the Uniform Computer Information Transaction Act (UCITA), which represents an attempt to tailor contract law to the types of transactions at issue
Since the Uniform Commercial Code (U.C.C.) was not designed for intangible goods or services. in the U.S, courts have diverged on the issue of whether such agreements are enforceable against the purchaser or not
Summary
For more than a half century, computer software has gradually reduced in price, revolved from huge mainframe use into retail items available to the mass market. In 2000, the U.S passed a controversial rule for computer transactions at Federal level —the Uniform Computer Information Transaction Act (UCITA), which represents an attempt to tailor contract law to the types of transactions at issue. This has proved necessary because transaction in computer information involve dissimilar expectations, industry practices and policies from transactions in goods. A number of other countries either refuse to enforce shrink-wrap licenses at all, or place restrictive conditions on the form and contents of such licenses.
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