Re: UCC Article 2B -- ALI Vote, etc

From: David A Rice <drice[_at_]world.std.com>
Date: Wed, 28 May 97 11:26:05 EDT

Karen Porter inquired whether I could explain what either my posting about UCC Article 2B or perhaps the prospect of having an Article 2B means. It would be useful to the whole process, and my meeting my concern that the leadership best define what must be communicated to who -- and find how to do it, if I can get some feedback from list members. So, a brief survey ....

  1. Have you previously heard that a UCC Article 2B drafting project exists?
  2. Did you know a full draft exists?
  3. Did you know that the Drafting Committee meets two and one-half days per session (about 6 sessions in past 15 months) which are open to attendance and discussion participation by any person who chooses to attend?
  4. Does Article 2B cover computer program copy licenses?
  5. If so, all licenses or only shrinkwrap?
  6. Does Article 2B cover licenses or contracts for transfer of anything other than or addittional to computer program copies?
  7. If so, what?
  8. Does Article 2B define what rights exist in the subject matter of those trasnactions to which it applies (e.g., perhaps a computer program copy, perhaps something more/different per two preceding questions)?
  9. Does Article 2B determine whether, if you sell an entire business to somebody else, you can include among business assets that you transfer the copies of computer programs you acquired in exchange for a single full payment solely for use in the conduct of your business?
  10. If not, does copyright law determine this?
  11. If so, does 2B expressly authorize this transfer?; .. altogether forbid it? .. require you notify the licensor? ... require you to get the consent of the licensor?

I will complile responses received through June 6 and publish the results by a list posting soon thereafter as well as share the results with all members of the committee involved with Article 2B drafting, etc. Please respond to items by identified number so that I can collect answers as data. Also, keep responses to items very brief -- and feel welcome to send related or additional comments by SEPARATE e-mail; separte because I want to collect survey responses only in a file that I can go back to as needed to review original text of individual responses.

As to Karen's initial question, I'll respond more completely to all when I have more info from survey about the state of public/list knowledge -- and after I've returned from the next Drafting Committee meeting for which I am preparing. It is this week --- in Cincinnati at the Regal Cincinnati Hotel, beginning 9AM Friday May 30, running all day Friday and Saturday, and 8AM 'til late morning Sunday.

You response will be very useful for several reasons, and the hep that you give by replying will be very much appreciated.

     David Rice
     Member, UCC Article 2B Drafting Committee -- and Prof of Law, etc
     <drice[_at_]world.std.com>
Received on Wed May 28 1997 - 15:34:24 GMT

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