Would UCITA make shrink-wrap and click-wrap licenses fully enforceable?
Yes, but it was not UCITA that did that. The shrink-wrap issue is settled. Congress passed the e-sign legislation and almost every state has passed the Uniform Electronic Transactions Act (UETA). Both of these statues say a contract cannot be declared unenforceable merely because it is electronic. So e-sign and UETA settled the issue. Click-wraps are legal. Moreover, there have been two dozen cases in the last few years upholding click-wrap and shrink-wrap. In the law, if you find so many decisions going one way, that issue is settled. But I still hear about how UCITA could prevent consumers from using their traditional fair-use rights? The opponents forget that those things are occurring and perfectly legal under current law. They want to change current law to outlaw those business practices, (when) UCITA is merely an Internet and software contract process statute. It merely tells you how you create an online or shrink-wrap enforceable contract. It does not attempt to regulate the ind
