In this article, I have analyzed the current situation and problems of the U.S. legislations for Electronic Commerce in order to obtain some lessons for the Korean policy for the future legislation.
Korea is far behind in this area of law, whereas th...
In this article, I have analyzed the current situation and problems of the U.S. legislations for Electronic Commerce in order to obtain some lessons for the Korean policy for the future legislation.
Korea is far behind in this area of law, whereas the United States has unique problems in both procedural and substantive laws. In the former, they have problems of preemption between the federal and state laws, which are peculiar to their federal systems and with which Korea has nothing to do. In the latter, they have conflicts of interest between the Software Makers and Consumers and presently a fierce battle is being waged concerning the Uniform Computer Information Transaction Act. In this regards, Korea will soon face a problem to protect our consumers' interest against the one sided licensing arrangements of the U.S. Software Makers. Korea should wait for the version of UCITA or a U.S. federal legislation which reflects a balanced interest of Software Makers and Consumers.