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Topic: UCITA

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	Uniform Computer Information Transactions Act - Wikipedia, the free encyclopedia
		In particular, UCITA attempts to clarify and/or codify rules regarding fair use, reverse engineering, consumer protection and warranties, shrinkwrap licenses, and their duration as well as the transferability of licenses.
		UCITA generally approves the validity of software licenses, including shrinkwrap and browsewrap agreements, as long as the user is given an opportunity to return the goods (at the seller's expense) if the license terms are found objectionable.
		While UCITA was originally submitted in 1999 as a proposed Uniform Act and modification to the Uniform Commercial Code (UCC) by the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute (ALI), it was withdrawn in 2002 after the ALI did not grant its assent.
	en.wikipedia.org /wiki/UCITA (355 words)

	NCLC Initiatives, E-Commerce: UCITA (Site not responding. Last check: 2007-10-25)
		UCITA is not part of the Uniform Commercial Code because the American Law Institute had “significant reservations about both some of its key substantive provisions and its overall clarity and coherence," such that consideration of UCITA was withdrawn by the ALI.
		UCITA allows software publishers to sell new software “as is,” the way used cars are sold in many states, meaning there is no warranty that the software works right and that the consumer not is entitled to a refund if it does not.
		UCITA allows the consumer to be trapped into agreeing to the “as is” provision and all sorts of terms that the consumer can see only after the consumer pays for the software or the on line service.
	www.nclc.org /initiatives/e_commerce/ucita/index.shtml (1792 words)

	UCITA list of articles (Site not responding. Last check: 2007-10-25)
		UCITA is a proposed law that will govern all contracts for the development, sale, licensing, support and maintenance of computer software and for many other contracts involving information.
		UCITA was initially proposed as an amendment to the Uniform Commercial Code, which is co-authored by NCCUSL (the National Conference of Commissioners on Uniform State Laws) and the ALI (American Law Institute).
		The claims that critics of UCITA (Article 2B) were misrepresenting the facts and were unfairly using publicity started in early 1997, with a nasty series of personal attacks on Todd Paglia (Ralph Nader's lawyer, who has since left the project).
	www.badsoftware.com /uccindex.htm (2996 words)

	UCITA Briefing Paper
		UCITA was originally conceived as a part of the Uniform Commercial Code, which is jointly drafted by the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL).
		Libraries are concerned that UCITA allows publishers to write their own intellectual property law by "licensing" use of a copy, with restrictions on that use as part of standard form terms first presented after payment and delivery.
		UCITA is an attempt to shift the balance of the law in favor of producers, at the expense of users.
	www.ncsl.org /programs/lis/CIP/CIPCOMM/braucher0301.htm (3195 words)

	The Chronicle: 8/11/2000: New Software-Licensing Legislation Said to Imperil Academic Freedom
		UCITA was signed into law this year in Maryland and Virginia, but has yet to take effect in either state.
		UCITA accomplishes that by applying to shrink-wrap contracts a set of default rules that the legislation's supporters say accommodate purchaser concerns.
		He predicts that UCITA won't silence public criticism of software because comments accompanying the text of the law stipulate that fair comment and fair use are among the public policies that would probably override contract provisions.
	chronicle.com /free/v46/i49/49a04701.htm (1904 words)

	LLRX -- Coming Soon to Your State (But Not Ready for Prime Time): UCITA (Site not responding. Last check: 2007-10-25)
		UCITA permits licensors to prohibit the transfer of goods from a licensee to another individual or institution.
		UCITA states that whether a party to an agreement breaches the contract is determined by the agreement, or in the absence of an agreement, by the Act.
		UCITA states that a provision of this Act which is preempted by federal law is unenforceable to the extent of the preemption.
	www.llrx.com /features/ucita.htm (1958 words)

	New Software Law, UCITA... Caveat Emptor! (Site not responding. Last check: 2007-10-25)
		UCITA permits the software manufacturer, in their shrink-wrap licenses, to prohibit publication of software bugs that are discovered, or to prevent the publishing or revelation of security problems that a piece of software has.
		UCITA permits the software manufacturer to legally avoid the moral obligation of providing patches, updates or fixes for known bugs or for bugs that are discovered after the release of the software product.
		Two states have already ratified UCITA, and the public's only hope for reining in the absolute power that UCITA grants to software manufactures is to try to reach state senators, to persuade them and their fellow state legislators to not pass UCITA into law in your state.
	www.infinisource.com /features/ucita.html (814 words)

	REPORT
		The Committee recommends the adoption of language that further clarifies that UCITA does not displace the laws of fraud, fraudulent inducement, misrepresentation and unfair practices, which laws in appropriate cases provide remedies for an intentional failure to disclose defects known to be material to the other party.
		UCITA also proposes a new implied warranty with reference to system integration contracts that does not exist under current law.
		Objections to the scope of UCITA have been used by opponents as a surrogate; the claim is that all scope provisions do and must provide bright-line answers to all cases.
	www.nccusl.org /nccusl/UCITA-2001-comm-fin.htm (9705 words)

	UCITA Comments to the FTC
		UCITA follows UCC Articles 2 and 2A by permitting parties to contractually limit or disclaim implied warranties, define express warranty obligations, and agree upon the remedies that will be available in the event of breach.
		UCITA § 406(1) prescribes that words or conduct relevant to creation of an express warranty and warranty-limiting terms contained in a record shall be construed as consistent to the extent reasonable.
		The implication is that UCITA sanctions the exercise of state legislative power to support the strategic behavior of making fact representations to induce mass market purchases, and then disclosing at the time least propitious for exercise of choice that a supplier does not stand behind those representations.
	www.netaction.org /press/ucita/ftc.html (10639 words)

	UCITA: What Does it Mean for Libraries?
		UCITA can be seen as a response to that perception, and is touted by its proponents as an attempt to provide some state-to-state uniformity in the rules governing transactions involving digital information.
		UCITA is a proposed new uniform law that was approved in July 1999 (with amendments approved in August 2000) by the National Conference of Commissioners on Uniform State Laws (NCCUSL).
		UCITA was proposed following a failed attempt to propose many of its terms and provisions as a new article for inclusion in the Uniform Commercial Code (to be designated as Article 2B of the Code, or simply UCC2B).
	www.infotoday.com /online/OL2001/gregory1_01.html (2233 words)

	AALL Washington Affairs: UCITA Primer, July 1999
		UCITA represents a shift in power between copyright law and contract/license law that would endanger the balanced set of copyright law principles and privileges under which the library community currently operates--such as fair use, preservation, and the unhindered use of works in the public domain.
		UCITA would create new layers of costly procedures for libraries as more time and money would be needed to educate library staff, negotiate licenses, track use of materials, and investigate the status of materials donated to libraries.
		UCITA would enable software companies and other information product providers to require that consumers bring all claims against the software company in a state of the software company's own choosing and that may be far from where the consumer lives.
	www.ll.georgetown.edu /aallwash/UCITA2.html (970 words)

	ALA \| UCITA 101
		UCITA was originally drafted as an amendment to Article 2 of the UCC and was known as "UCC 2B." Once NCCUSL approves a proposed uniform law, state NCCUSL commissioners promote its passage in their home states.
		The report states that UCITA "is a very complex statute that is daunting for even knowledgeable lawyers to understand and apply." The first recommendation stated, "UCITA should be redrafted to make it easier to understand and use." The ABA has not issued any statement regarding the recent amendments.
		While UCITA is increasingly being perceived as a failed attempt to modify the law to meet the demands of the Digital Age, other more narrow efforts to modify the Uniform Commercial Code (UCC) have been simultaneously underway.
	www.ala.org /ala/washoff/WOissues/copyrightb/ucita/ucita101.htm (2121 words)

	Why You Should Oppose UCITA (Site not responding. Last check: 2007-10-25)
		UCITA section 816 remedies for wrongful use of such codes are probably not triggered if the software is shut down accidentally or by a third party (such as a cracker who learns the code or a disgruntled former employee of the vendor).
		UCITA eliminates the longstanding requirement that warranty disclaimers be conspicuous and available to the customer at or before time of purchase.
		UCITA pulls the teeth out of the express warranty by demonstration, making it much harder to hold publishers’ accountable for their staffs’ product demonstrations at trade shows, retailers, and so on.
	www.badsoftware.com /claw2000.htm (8329 words)

	IEEE-USA Position Opposing Adoption of the Uniform Computer Information Transaction Act (UCITA) By the States (Site not responding. Last check: 2007-10-25)
		UCITA would undermine the protections provided by Federal intellectual property law and upset the carefully achieved balance between owners and purchasers of intellectual property.
		UCITA allows software publishers to disclaim warranties and consequential damages even for software defects known to the publisher prior to sale, undisclosed to the buyer, and having damages that can be reasonably foreseen.
		The "self-help" provisions of UCITA would allow software publishers to embed security vulnerabilities and other functions in their software that facilitate "denial-of-service" attacks (remote disablement or destruction of the software) while avoiding liability for accidental triggering of the attacks or exploitation of these functions by malicious intruders.
	www.ieeeusa.org /policy/POSITIONS/ucita.html (564 words)

	8 Myths About UCITA
		Here’s the protection that UCITA gives you: If you buy software or services from corporations like Microsoft or America On Line and then discover that there are undisclosed defects, invasions of privacy or restrictions on your use of the software, UCITA allows you to go to court to challenge limitations on your rights.
		UCITA IS The proponents of UCITA claim that "Everyone was at the table".
		UCITA permits software vendors to continue the practice of hiding the terms of your software purchase until after you purchase and download the product.
	www.consumerlaw.org /initiatives/e_commerce/ucita/myths.shtml (909 words)

	Why We Must Fight UCITA - GNU Project - Free Software Foundation (FSF)
		UCITA is a proposed law, designed by the proprietary software developers, who are now asking all 50 states of the US to adopt it.
		You see, UCITA says that by default a software developer or distributor is completely liable for flaws in a program; but it also allows a shrink-wrap license to override the default.
		UCITA has another indirect consequence that would hamstring free software development in the long term--it gives proprietary software developers the power to prohibit reverse engineering.
	www.gnu.org /philosophy/ucita.html (1094 words)

	CNN.com - Technology - Now, UCITA ... Later, you don't - March 7, 2000
		UCITA's long and complex journey began in 1988 as an amendment to the nationwide set of state laws governing commercial transactions, the Uniform Commercial Code (UCC).
		The complaints leveled against UCITA boiled down to the increasing perception that the legislation contained draconian provisions to increase the profits and power of large commercial software and content publishers at the expense of smaller businesses as well as consumers.
		That is, UCITA would enable software makers and distributors of digital content such as e-books, Web sites or CD-ROMs to subject their users to shrink-wrap or "click-through" provisions that prohibit any use of their material or reviews of their material without the content owner's permission.
	archives.cnn.com /2000/TECH/computing/03/07/ucita.idg/index.html (1041 words)

	UCITA (Site not responding. Last check: 2007-10-25)
		UCITA is intended to update the UCC to make it more applicable to the software industry, or, more accurately, realize the wet dreams of big software publishers.
		UCITA makes the "shrinkwrap license" that comes with software legally binding even if you are not allowed to read the license until after it is in force.
		UCITA has already become law in Virginia, and is almost certain to be passed in most other states.
	aaxnet.com /topics/ucita.html (537 words)

	AFFECT: What Is UCITA? What's Wrong With UCITA (Site not responding. Last check: 2007-10-25)
		UCITA upsets the copyright law's careful balance between the interest of the public in the free flow of information and the protection of the rights of creators of software programs and other computer information.
		Unlike other uniform laws (such as UETA), UCITA does not reflect the consensus of the interested parties involved in the drafting process and therefore is highly controversial.
		UCITA is opposed by every consumer group that has taken a position on UCITA, and has been criticized on consumer grounds by the Federal Trade Commission and the attorneys general of 26 states.
	www.affect.ucita.com /what_problems.html (563 words)

	UCITA Teleconference (Site not responding. Last check: 2007-10-25)
		UCITA's broad scope and focus on software and information requires that the research, education, and library communities understand what the adoption of UCITA will mean for the mission, operation, and core values of the higher education and library communities.
		UCITA legitimizes a non-negotiable contract-based system of intellectual property with no exemptions and fair use defenses for the research, education, and library communities as provided for in federal copyright law.
		UCITA permits this same kind of contract to apply to mixed media transactions where a book accompanied by a CD, for example, could be governed by the same restrictions as placed on the CD.
	www.arl.org /ucita.html (1044 words)

	UCITA pitfalls
		UCITA's "electronic self help" and "automatic restraints" provisions give software publishers the right to surreptitiously include time bombs and backdoors in their software, exposing customers to enormous security risks.
		UCITA creates a host of surprising outcomes under its default rules, forcing corporate customers, small developers, independent consultants, b-to-b dot.coms, and others to bring in the lawyers for what otherwise could be a handshake agreement.
		UCITA allows publishers and on-line services to materially modify terms of an existing relationship by posting changes on their Web site, changes that are unlikely to be noticed by many users.
	www.infoworld.com /articles/uc/xml/00/08/21/000821ucissues.html (832 words)

	Copyright Timeline
		UCITA is a proposed state law that seeks to create a unified approach to the licensing of software and information.
		UCITA seeks to replace the public law of copyright with the private law of contracts.
		UCITA was passed by state legislatures in Maryland and Virginia in 2000, but has yet to pass in other states due to significant opposition in the public and private sectors.
	www.arl.org /info/frn/copy/timeline.html (5498 words)

	NewsForge \| UCITA drafters make changes, but don't go far enough for Red Hat
		The group that drafted the controversial UCITA legislation has approved a handful of changes designed to address concerns raised by Open Source advocates, but those changes may not go far enough to win the approval of Red Hat's lawyer.
		The original UCITA model legislation was the first proposed by the National Conference of Commissioners on Uniform State Laws that the American Bar Association threatened to oppose, says John McCabe, legislative director for the NCCUSL.
		Restricting UCITA so it didnt cover samples also seems unlikely to stand, since a sample of code that doesnt work is undesirable in an educational context.
	newsforge.com /newsforge/02/08/06/2217204.shtml?tid=4 (1554 words)

	UCITA goes back to the drawing board
		But UCITA's opponents have little faith that any consensus agreement is possible and say that the proposed law -- so far adopted only in Maryland and Virginia -- can't be fixed.
		Moreover, if the NCCUSL does stop pushing for UCITA's adoption while the ABA review is under way, that doesn't mean that vendors and trade groups lobbying in support of the law will curtail their efforts, said opponents.
		Proponents have argued that corporate customers are free to set their own contract terms with vendors and that UCITA would set only default rules.
	www.computerworld.com /softwaretopics/software/story/0,10801,62803,00.html (1247 words)

	CPT's UCITA Page
		Even something as basic as the scope of UCITA is the subject to a range of often conflicting interpretations.
		A good way to understand the implications UCITA will have on consumers is to view examples of these contract terms.
		UCITA's primary proponents are its drafters (The National Council of Commissioners of Uniform State Law) and trade organizations representing corporations that would benefit from UCITA's passage, such as large software publishers.
	www.cptech.org /ecom/ucita (559 words)

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