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Suffolk University Law School




When I joined Boston University School of Law's faculty in 1993, there seemed to be general agreement among practitioners and academics alike that the time was ripe for some sort of uniform law to address transactions involving software. The debate was over the form that law should take rather than whether it should exist at all. More specifically, interested parties were discussing an important structural question-whether software contracts might best be dealt with in the Uniform Commercial Code (UCC) under a "hub and spoke" approach or as a standalone Article. Eventually, drafters focused on a standalone Article, and the National Conference of Commissioners on Uniform State Laws (NCCUSL) and American Law Institute (ALI) worked for a number of years on a new Article 2B that would be incorporated into the UCC. When the joint effort was abandoned, NCCUSL continued the work and promulgated the eventual end product as the Uniform Computer Information Transactions Act (UCITA).

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