Software Transactions and Uniformity: Accommodating Codes Under the Code

The issue has emerged of whether there is a need to achieve uniformity in the law of software contracting. The question of adequate uniformity is considered against the backdrop of rapid technological, commercial, and legal changes. The past year's court decisions show disarray as to how the determination is made of whether software products are "goods" under Uniform Commercial Code (UCC) Article 2. In instances where customers purchase computer systems from resellers, the customer can be left without direct recourse against the manufacturer. Courts have recently recognized that a customer has certain rights against a vendor who uses remote access to disable or remove a software program because of nonpayment by the customer. Cases illustrate how difficult it can be to accommodate the realities of software testing and acceptance with existing UCC concepts of delivery and acceptance.