미국 소프트웨어 계약법 원칙 초안에 대한 소고 = A Study on Principles of the Law of Software Contracts Drafts in America

다국어 초록 (Multilingual Abstract)

The American Law Institute(ALI) has presented drafts of "Principles of the law of software contracts" to clarify and unify the law of software transactions. These principles apply to agreements for the transfer of or access to software. Providing these principles means something in software contracts. First of all, these principles seek to limit the scope to cover only contracts involving software exchanged or accessed for consideration, while UCITA includes a wide variety of "computer information". Secondly, this project is "Principles" instead of "Restatement" which means that these principles are not the law unless a court adopts it. This is for flexibility not to hinder law`s adoptability of new legal issues that might be created in the future since the software industry has developed. Third, the project seek to balance between software transferor`s interest and transferees to permit the use of remote disablement in limited circumstances. These principles, however, should be considered some concerns in the future work. For example, not to be a unconscionable agreement, it is better to suggest the specific click-wrap procedure and be more illustrative about what types of browser-wrap language are acceptable and what types are not.

참고문헌 (Reference)

1 한병완, "정보콘텐츠와 컴퓨터프로그램에 대한 워런티(warranty)에 관한 연구" 한국무역학회 31 (31): 245-262, 2006

2 송경석, "미국 통일컴퓨터정보거래법(UCITA)에 관한 고찰" 한국무역학회 27 (27): 77-99, 2002

3 이철남, "미국 컴퓨터정보거래법(UCITA)의 개정내용 및 문제점"

4 "UCITA"

5 "UCC"

6 Shah, Pratik A, "The uniform computer information transactions act"

7 Moringiello, Juliet M, "Signals, assent and Internet contracting"

8 Hillman, Robert A, "Rolling contracts"

9 Cheathem, Charles, "Report on the uniform computer information transaction act(UCITA)"

10 ALI, "Principles of The Law Of Software Contracts"

11 ALI, "Principles of The Law Of Software Contracts"

12 Reigei, Quentin, "National association of manufacturers' letter stating position on proposed amended article2"

13 Werra, Jaques De, "Moving beyond the conflict between freedom of contract and copyright policies: in search of a new global policy for on-line information licensing transactions"

14 Braucher, Jean, "Contracting out of the uniform commercial code: contracting out of article 2 using a "license" label: a strategy that should not work for software products"

15 Lemely, Mark A, "Beyond preemption: the law and policy of intellectual property licensing"

16 AFFECT, "Affect response to NCCUSL commentary on UCITA 2002 revisions"

17 The Bereau of National Affairs, "ALI discusses limited-scope, even-handed treatment of software contracting principles"