Can opting into UCITA be used to change product liability law for goods?
No. UCITA does not alter product liability law. The law of products liability is tort law, not contract. The most recent national restatement of that tort law recognized that how it applies to information is not clear. That restatement of tort law took no position on what should be the rule and neither does UCITA. • So, what’s the problem with the opt-in right? There isn’t any. If a law prevents changing some rules of contract by agreement, opting in or out cannot alter this. > Federal Preemption and Fair Use • Why does UCITA specifically say that its provisions are preempted by applicable federal law? Like any state law, UCITA is subject to federal law, including constitutional rights of free speech. Typically, state statutes do not even mention this because it is so obvious. Section 105 states the obvious. This is to allay concerns and point parties to the fact that UCITA is not the last word on the relationship between contracts and information policy. A large body of federal intell
