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David Nimmer argued that the sellers of other kinds of intellectual products would likely follow the lead of the software companies. He predicted that American consumers would soon be able to buy poetry, art, novels, and feature films only from online retail content stores that used click-wrap licenses to disclaim all potential warranties.

Mcmanis amendment

In May of 1997, Professor Charles McManis offered a  motion  at a Drafting Committee meeting to amend the initial drafts of the proposed Article 2B -- the draft provision that would have made the licenses enforceable. The McManis Amendment addressed the preemption issue head on, by prohibiting any mass-market software license that limited the rights provided by the federal copyright statute. It was adopted by a slim majority.

The McManis Amendment was fiercely criticized by software companies. Their objections were aired at an important academic conference held at the University of California at Berkeley.

Uc berkeley ucc 2b conference/california law review symposia

The University of California at Berkeley's Center for Law and Technology hosted a conference in April 1998 to explore the implications and merits of proposed Article 2B. The conference was cosponsored by the ALI and brought together practitioners and law professors with differing views.

A diverse array of arguments were presented. The keynote speaker was Raymond Nimmer, the Reporter to the Drafting Committee, who articulated opposition to the McManis Amendment because he believed Article 2B was already "neutral" in its effects on federal copyright law. Many participants, however, disagreed. By the end, the dominant view seemed to be that (a) "click wrap" licenses did not give consumers the opportunity meaningfully to assent to or reject the terms of non-negotiable mass licenses and (b) the scope of federal preemption was sufficiently uncertain that federal courts would likely disagree, generating an undesirable patchwork of inconsistent laws across the country.

Effects of the conference/symposia

A series of academic papers by the conference attendees was published in 1999 in a California Law Review symposium volume dedicated to Article 2B. By that time, however, the ALI and the NCCUSL were sufficiently persuaded that Article 2B's interference with federal copyright law was a fatal flaw that they backed away from the proposed revision. The NCCUSL issued a declaration that any final version of Article 2B should contain a provision that allows courts to invalidate mass market software licenses that were "unconscionable," and the ALI deferred approval of the Article pending further consideration of its relationship to federal copyright law. Finally, in April 1999, the ALI-NCCUSL announced in a  press release  that the two groups would not issue Article 2B.

The NNCUSL later published its own recommendations to validate click-wrap licenses under a model law with a separate title: The Uniform Computer Information Transactions Act (UCITA). However, only two of fifty state legislatures adopted the measure, and several states adopted provisions that sought to shield their own residents from its impact.

Questions & Answers

what are the products of Nano chemistry?
Maira Reply
There are lots of products of nano chemistry... Like nano coatings.....carbon fiber.. And lots of others..
learn
Even nanotechnology is pretty much all about chemistry... Its the chemistry on quantum or atomic level
learn
Preparation and Applications of Nanomaterial for Drug Delivery
Hafiz Reply
Application of nanotechnology in medicine
what is variations in raman spectra for nanomaterials
Jyoti Reply
I only see partial conversation and what's the question here!
Crow Reply
what about nanotechnology for water purification
RAW Reply
please someone correct me if I'm wrong but I think one can use nanoparticles, specially silver nanoparticles for water treatment.
Damian
yes that's correct
Professor
I think
Professor
what is the stm
Brian Reply
is there industrial application of fullrenes. What is the method to prepare fullrene on large scale.?
Rafiq
industrial application...? mmm I think on the medical side as drug carrier, but you should go deeper on your research, I may be wrong
Damian
How we are making nano material?
LITNING Reply
what is a peer
LITNING Reply
What is meant by 'nano scale'?
LITNING Reply
What is STMs full form?
LITNING
scanning tunneling microscope
Sahil
how nano science is used for hydrophobicity
Santosh
Do u think that Graphene and Fullrene fiber can be used to make Air Plane body structure the lightest and strongest. Rafiq
Rafiq
what is differents between GO and RGO?
Mahi
what is simplest way to understand the applications of nano robots used to detect the cancer affected cell of human body.? How this robot is carried to required site of body cell.? what will be the carrier material and how can be detected that correct delivery of drug is done Rafiq
Rafiq
if virus is killing to make ARTIFICIAL DNA OF GRAPHENE FOR KILLED THE VIRUS .THIS IS OUR ASSUMPTION
Anam
analytical skills graphene is prepared to kill any type viruses .
Anam
Any one who tell me about Preparation and application of Nanomaterial for drug Delivery
Hafiz
what is Nano technology ?
Bob Reply
write examples of Nano molecule?
Bob
The nanotechnology is as new science, to scale nanometric
brayan
nanotechnology is the study, desing, synthesis, manipulation and application of materials and functional systems through control of matter at nanoscale
Damian
Is there any normative that regulates the use of silver nanoparticles?
Damian Reply
what king of growth are you checking .?
Renato
What fields keep nano created devices from performing or assimulating ? Magnetic fields ? Are do they assimilate ?
Stoney Reply
why we need to study biomolecules, molecular biology in nanotechnology?
Adin Reply
?
Kyle
yes I'm doing my masters in nanotechnology, we are being studying all these domains as well..
Adin
why?
Adin
what school?
Kyle
biomolecules are e building blocks of every organics and inorganic materials.
Joe
anyone know any internet site where one can find nanotechnology papers?
Damian Reply
research.net
kanaga
sciencedirect big data base
Ernesto
how did you get the value of 2000N.What calculations are needed to arrive at it
Smarajit Reply
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Source:  OpenStax, Copyright for librarians. OpenStax CNX. Jun 15, 2011 Download for free at http://cnx.org/content/col11329/1.2
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