Abstract
License agreements govern most transfers of electronic information that is protected by intellectual property law. This paper will describe some of the distinguishing legal characteristics of digital information licenses. Then the application to licenses of U.S. state common law of contracts and Uniform Commercial Code (UCC) Article 2 in the 1980s and 1990s will be explored, focusing on issues respecting which these sources of law seemed to not address adequately the needs of licensing parties. The history of UCITA, the Uniform Computer Information Transactions Act, will be examined as an attempt to fashion a uniform statute customized to address the unique traits of license agreements. The paper will evaluate how well UCITA addresses licensing issues that are not adequately resolved by the UCC or the common law. Next, UCITA and Revised UCC Articles 1 and 2 will be compared. Finally, the future prospects for U.S. licensing law will be assessed.
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