컴퓨터 정보거래에 있어 계약위반에 기한 법적 구제에 관한 고찰: 통일컴퓨터정보거래법(UCITA) 제8장을 중심으로

This UCITA section 8 allows a licensor under appropriate circumstances, such as cancellation or material breach, to engage in self-help. That is, use an electronic means, such as an e-mail message, to disable software in a users possession. This can only occur given sufficient cause and where allowed by contract. The fear is what others can do with this access door to consumer’s systems, might this create a weakness in the security system. Further, this seems to place a lot of power and control in the hands of licensors at the expense of consumer. Highlights of this section are below: Parties are free to define remedies for breach. If the contract so permits, electronic measures can be taken by the licensor to prevent use of its computer information upon cancellation or material breach. (That is, the software can be electronically and remotely turned off). A 15-day notice must be given first. Damages are available for wrongful use. Prohibited in mass-market transactions. Common remedies include: Replace, repair, refund. No Cancellation clause. Liquidated damages as agreed to by the parties. A cause of action must be bought within four years in most cases. Injured parties must make an effort to mitigate damages. The injured party selects the method for calculating damages.