This paper discusses Article 2B of the Uniform Commercial Code.
This paper is an in-depth look at information technology, such as software, and how such commercial goods and services are now handled under Article 2B of the UCC. The author looks at the debate whether these transactions, sales of software, should be considered under copyright laws, as it is different from the Uniform Commercial Code. The paper discusses how information technology is distinct from the sale of actual goods, software is a service.
“Information transactions and, especially, transactions involving licensing of information, differ substantively from transactions involving the sale or lease of goods. The differences are manifested in both the conditional nature of the transaction and that the value lies not in the tangible property, but in information and rights that are severable from the tangibles. Indeed, increasingly no tangible items are needed to convey information on-line or in electronic transactions. A body of law tailored to transactions whose purpose is to pass title to tangible property can not be simply applied to transactions whose purpose was to convey rights in intangible property and information. A separate treatment of this commercially important class of transactions was needed.”