10. Purchase-money Security Interests in Livestock. New subsections (d) and (e) [Maine cite subsections (4) and (5)] provide a purchase-money priority rule for farm-products livestock. They are patterned on the purchase-money priority rule for inventory found in subsections (b) and (c) [Maine cite subsections (2) and (3)] and include a requirement that the purchase-money secured party notify earlier-filed parties. Two differences between subsections (b) and (d) [Maine cite subsections (2) and (4)] are noteworthy. First, unlike the purchase-money inventory lender, the purchase-money livestock lender enjoys priority in all proceeds of the collateral. Thus, under subsection (d) [Maine cite subsection (4)], the purchase- money secured party takes priority in accounts over an earlier- filed accounts financer. Second, subsection (d) [Maine cite subsection (4)] affords priority in certain products of the collateral as well as proceeds.

11. Purchase-money Security Interests in Aquatic Farm Products. Aquatic goods produced in aquacultural operations (e.g., catfish raised on a catfish farm) are farm products. See Section 9-102 [Maine cite section 9-1102] (definition of "farm products"). The definition does not indicate whether aquatic goods are "crops," as to which the model production money security interest priority in Section 9-324-A [Maine cite section 9-1324-A] applies, or "livestock," as to which the purchase-money priority in subsection (d) [Maine cite subsection (4)] of this section applies. This Article leaves courts free to determine the classification of particular aquatic goods on a case-by-case basis, applying whichever priority rule makes more sense in the overall context of the debtor's business.

12. Purchase-money Security Interests in Software. Subsection (f) [Maine cite subsection (6)] governs the priority of purchase-money security interests in software. Under Section 9-103(c) [Maine cite section 9-1103, subsection (3)], a purchase- money security interest arises in software only if the debtor acquires its interest in the software for the principal purpose of using the software in goods subject to a purchase-money security interest. Under subsection (f) [Maine cite subsection (6)], a purchase-money security interest in software has the same priority as the purchase-money security interest in the goods in which the software was acquired for use. This priority is determined under subsections (b) and (c) [Maine cite subsections (2) and (3)] (for inventory) or (a) [Maine cite subsection (1)] (for other goods).