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2010

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Principles Of The Law Of Software Contracts: Some Highlights, Robert A. Hillman, Maureen A. O'Rourke Jan 2010

Principles Of The Law Of Software Contracts: Some Highlights, Robert A. Hillman, Maureen A. O'Rourke

Faculty Scholarship

The final draft of the Principles of the Law of Software Contracts ("Principles") was unanimously approved bythe American Law Institute membership in May of 2009. The goal of the project is to “clarify and unify thelaw of software transactions.” However, the Principles will not become law in any jurisdiction unless and until a court adopts them, so only time will tell whether the project will accomplish this goal. Nevertheless, one thing is certain. The current law of software transactions, a mish-mash of common law, Article 2 of theUniform Commercial Code, and federal intellectual property law, among other things, is in …