Liability in the use of gis and geographical datasets. Softwares uncertain legal status under the uniform commercial code, 1 mich. The size of the computer industry coupled with the exceptional growth of software markets has created an enormous industry. Recommendation for the arcgis annual software renewal. Geographical information system university college cork. In a case involving a software sale gone wrong, the federal district court in minnesota provides a nice recap of how courts analyze whether or not a given softwarelicense transaction is governed by article 2 of the uniform commercial code which covers sales of goods. Esri client software means arcgis runtime apps, arcgis for desktop, and arcgis api for flex apps. This is a set of cards for understanding article 9 of the ucc, as well as, the principles of secured transactions in general.
All ucc filings must be filed, and, if necessary, refiled on new forms after 712001. Discounted software packages such as mircrosoft office are avaialble to ucc registered students. Scope of the ucc and this texts presentation of the ucc. Application of article 2 to software transactions avoids overemphasis on legal. The ucc embraces the law of commercial transactions, a term of some ambiguity. Virtually every phase of a transaction in goods, from sale or lease through. Publicfinance transaction law and legal definition uslegal. If esri does not accept the order, licensee may enter into a direct transaction. Pursuant to the uniform commercial code, pursuant to the uniform commercial code, publicfinance transaction means a secured transaction in connection with which debt securities are issued, and all or a portion of the securities issued have an initial stated maturity of at least 20 years.
In this paper we develop the gis applicability in urban management of odorheiu secuiesc city. Jun 22, 2011 article 2 of the uniform commercial code governs the sale of goods. A commercial transaction may seem to be a series of separate transactions. Regulation 7 23 secured transactions flashcards quizlet. The combined higher education software team, chest project negotiates special deals for the purchasing and licensing of software for third level educational institutions. The uniform commercial code ucc is a large body of regulations that governs commercial business transactions. First, software must be a good as defined by article 2. Eap may continue to completion and all applicable terms of the agreement. With a title like commerical transactions under the uniform commercial code and other laws, i was expecting to be on the edge of my seat with a real page turner. See also lawsuit against property appraiser could set precedent in gis cases, naples. All applicable portions of the uniform commercial code ucc shall govern this contract. Applicability of the ucc to software transactions new york. The uniform commercial code ucc contains rules applying to many types of commercial contracts, including contracts related to the sale of goods, leasing of goods, use of negotiable instruments, banking transactions, letters of credit, documents of title for goods, investment securities, and secured transactions.
Our software mimics the ucc financing statement to perfection. Bsc hons business information systems bis ucc cork. Commercial transactions under the uniform commercial code and. The question addressed by this article is whether article 2 of the uniform commercial code hereinafter u. Ucc, not uniform electronic transactions act, governs. Secured transactions and ucc law the law of secured transactions in the united states covers the creation and enforcement of a security interest. Andresen, the law and business of computer software west services, inc. Generally, the ucc deals with transactions of personal property but not of real property. Article 2 of the ucc applies to transactions in goods.
Because gis workflow processes may span days or months, the gis database must remain continuously available for daily operations, where each user might have a personal view or state of the shared gis database. For example a custom software development is probably treated as a service so the ucc would not apply. Applying the ucc to software license agreements technology. The courts are divided on the applicability of the ucc to transactions. When a software license has all the underpinnings of a sale, the ucc will apply. The court will look at the deal and determine if it is more of a sale of a good or a service. Professor andrew beckermanrodau suffolk university law school. The applicability of the uniform commercial code to software is a question that has confounded courts in the. Having all these information can be developed a short, medium and long term strategies regarding planning and its management in the context of. A software licenses can be a good, a good with services, or pure services. Transactions in gis rg journal impact rankings 2018 and 2019. Mastering secured transactions is a comprehensive resource for studying the sections of article 9 of the uniform commercial code. Its practical result is an interactive system of spatial data to an associated web platform.
Revised article 9, fixture financing, documentation of secured transactions, choice of laws and multistate. The course has an excellent employment track record. Unfortunately my expectations simply werent met by this, only moderately entertaining, mashup of other peoples work. Article 9 secured transactions article 9 provides a framework for a creditor to obtain a security interest in the personal property of a debtor to secure payment of a creditors claim become a secured creditor in the personal property a security interest is only valid if a creditor follows the requirements of article 9 of the ucc. Software distribution or reseller agreements are more likely to be treated as a sale of software for purposes of the ucc. This application will use the national ucc 1 and ucc 3 and addendums forms to collect filing data. The emerge of cloud technology and open source software has transformed the delivery and accessibility of internet mapping and location services. The ucc was developed to address two growing problems in u. A it offers a clear and understandable discussion of the sections and. Business operations secured transactions and ucc law justia. It is an open and distributed design that allows realtime and simultaneous transactions.
A transaction that nominally involves a mere license to use software will be considered a sale under the ucc if it involves a single payment giving. Sale of a software license constituted sale of a good for purposes of applying the california ucc. Every business, from the oneman shop to the multinational conglomerate, is affected by the rules of the uniform commercial code ucc, which consists of uniform rules that affect commercial transactions such as sales, negotiable instruments and secured transactions. Commercial transactions and ucc lawyers represent clients in a wide variety of business transactions covered by and related to the ucc.
States sometimes modify certain provisions of the ucc when they enact the model law as the law of the state. Each web page will edit required data elements that will be based on the ucc statutes, regulations, and national xml document type definitions dtd requirements for the different types of filings. Smart goods under ucc article 2 the reading room georgia. The determination of whether article 2 is applicable to software transactions is an important and timely question. A because the book covers virtually all sections of article 9, it will be useful as a study aid for a law school course on secured transactions or commercial law and for a bar examination. Software for searching and manipulating geographic data may be bundled with or. Learn how businesses are using location intelligence to gain. A putative class action plaintiff sued symantec, alleging that a free trial for its software was essentially a scam, and that the software does not. All 50 states have adopted some version of the ucc in whole or in part. Before you enter into transactions involving the sale of goods, make sure you know the basics about the uniform commercial code the ucc. Nov 14, 2019 it is also very popular with those looking to work in the gis environment. William francis galvin, secretary of the commonwealth secretary of the commonwealth citizen information service. Apr 21, 2005 the question addressed by this article is whether article 2 of the uniform commercial code hereinafter u. Secured transactions under the ucc lexisnexis store.
It is also very popular with those looking to work in the gis environment. This material was originally published in katheryn a. The uniform commercial code made easy 9780615308357. The ucc covers a number of commercial transaction like sales, notes, letters of. Use of blockchain have included the application of cryptospatial coordinate systems. Our clients expect us to be direct, economical, efficient and offer advice that will improve their position. The applicability of article 2 to software depends upon two determinations. I mean, the authors blatantly copied and pasted court opinions. Software can be a good under the california ucc bejin. This software license agreement hereinafter agreement is entered as of the. Openlittermap data on plastic pollution around ucc, cork, ireland. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Software means a computer program and any supporting information provided in connection with a transaction relating to the.
The ucc is a comprehensive set of rules governing the sale of goods and other commercial transactions. Please scope out your idea to the best of your knowledge a few lines per heading will suffice initially and email to dr. In a multiuser database, the gis transactions must be managed on the dbmss short transaction framework. If a transaction is evidenced by records that include an instrument or series of instruments. Transaction gis definition,meaning online encyclopedia. Commercial code ucc and will not be deemed goods within the definition of the. The internet of things iot has been described by the american bar association as one of the fastest emerging, potentially most transformative and disruptive technological developments in recent years. For contract law, the courts look to the applicable state law. Applicability of the ucc to software transactions new. Giss ucc resources is the hub for all things ucc, plus books from the pilgrim press, resources from the stillspeaking writers group, and so much more. Secured parties lenders loan money to debtors individuals or companies for a purchase the collateral. Start studying regulation 7 23 secured transactions.
Having completed the course you will have comprehensive skills in the use of key gis software and the underlying knowledge of how to effectively implement gis, undertake analysis and ensure best practice. Esri software and services alaska department of administration. Secured transactions under the ucc examines every facet of secured lending, analyzing in detail difficult issues which are either glossed over or overlooked entirely in other more abbreviated treatments. There are many businessrelated contracts that the ucc does not cover. Sep 08, 2008 ucc, not uniform electronic transactions act, governs formation of contract by exchange of emails by jeffrey neuburger on september 8, 2008 posted in online commerce the uniform electronic transactions act was adopted by the national conference of commissioners on uniform state laws in 1999. New ucc forms are based on the revised article 9 of the uniform commercial code law that becomes effective 712001.