UCITA focuses on adapting current commercial trade laws to the modern software era. It is particularly controversial in terms of computer software. The code would automatically make a software maker liable for defects and errors in the program. However, it allows a shrinkwrap license to override any of UCITA's provisions. As a result, commercial software makers can include such a license in the box and not be liable for errors in the software. Free software that is normally distributed through downloads, however, would not be able to force a shrinkwrap license and would therefore be liable for errors. Small software makers without legal knowledge would also be at risk.[3]
UCITA would explicitly allow software makers to make any legal restrictions they want on their software by calling the software a license in the EULA, rather than a sale. This would therefore take away purchasers right to resell used software under the first sale doctrine. Without UCITA, courts have often ruled that despite the EULA claiming a license, the actual actions by the software company and purchaser clearly shows it was a purchase, meaning that the purchaser has the right to resell the software to anyone.