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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 does nano mean?
Anassong Reply
nano basically means 10^(-9). nanometer is a unit to measure length.
Bharti
do you think it's worthwhile in the long term to study the effects and possibilities of nanotechnology on viral treatment?
Damian Reply
absolutely yes
Daniel
how to know photocatalytic properties of tio2 nanoparticles...what to do now
Akash Reply
it is a goid question and i want to know the answer as well
Maciej
characteristics of micro business
Abigail
for teaching engĺish at school how nano technology help us
Anassong
Do somebody tell me a best nano engineering book for beginners?
s. Reply
what is fullerene does it is used to make bukky balls
Devang Reply
are you nano engineer ?
s.
fullerene is a bucky ball aka Carbon 60 molecule. It was name by the architect Fuller. He design the geodesic dome. it resembles a soccer ball.
Tarell
what is the actual application of fullerenes nowadays?
Damian
That is a great question Damian. best way to answer that question is to Google it. there are hundreds of applications for buck minister fullerenes, from medical to aerospace. you can also find plenty of research papers that will give you great detail on the potential applications of fullerenes.
Tarell
what is the Synthesis, properties,and applications of carbon nano chemistry
Abhijith Reply
Mostly, they use nano carbon for electronics and for materials to be strengthened.
Virgil
is Bucky paper clear?
CYNTHIA
so some one know about replacing silicon atom with phosphorous in semiconductors device?
s. Reply
Yeah, it is a pain to say the least. You basically have to heat the substarte up to around 1000 degrees celcius then pass phosphene gas over top of it, which is explosive and toxic by the way, under very low pressure.
Harper
Do you know which machine is used to that process?
s.
how to fabricate graphene ink ?
SUYASH Reply
for screen printed electrodes ?
SUYASH
What is lattice structure?
s. Reply
of graphene you mean?
Ebrahim
or in general
Ebrahim
in general
s.
Graphene has a hexagonal structure
tahir
On having this app for quite a bit time, Haven't realised there's a chat room in it.
Cied
what is biological synthesis of nanoparticles
Sanket Reply
what's the easiest and fastest way to the synthesize AgNP?
Damian Reply
China
Cied
types of nano material
abeetha Reply
I start with an easy one. carbon nanotubes woven into a long filament like a string
Porter
many many of nanotubes
Porter
what is the k.e before it land
Yasmin
what is the function of carbon nanotubes?
Cesar
I'm interested in nanotube
Uday
what is nanomaterials​ and their applications of sensors.
Ramkumar Reply
what is nano technology
Sravani Reply
what is system testing?
AMJAD
preparation of nanomaterial
Victor Reply
how to synthesize TiO2 nanoparticles by chemical methods
Zubear
how did you get the value of 2000N.What calculations are needed to arrive at it
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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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