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UCITA at the ABA

Week of July 28, 2001

The Uniform Computer Information Transaction Act (UCITA) is a proposed US state contract law designed to standardize the licensing of software and all other forms of digital information. UCITA is a complex law that will adversely affect individual consumers, businesses, industries, libraries, schools and universities - anyone using software or any kind of digital information - ultimately all over the globe.

Americans For Fair Electronic Commerce Transactions

                         U P D A T E  O N  U C I T A

   The American Bar Association (ABA) will  be considering a resolution
   involving UCITA at their upcoming meeting August 2 - 8 in Chicago.
   Traditionally, the ABA reviews and votes on any uniform laws being
   proposed by NCCUSL.  Until now, proponents of UCITA have prevented such
   a review from taking place. Opponents of UCITA, including some members
   of AFFECT are hoping to force the issue at the upcoming meeting.

   In a proposed formal resolution, the Tort and Insurance Practice Section
   (TIPS) of the ABA is recommending  that the ABA House of Delegates vote
   to oppose the adoption of UCITA anywhere.  The proposed resolution
   further recommends that NCCUSL withdraw and extensively revise UCITA 'to
   more adequately reflect the current state of the law concerning the
   licensing of intellectual property with due regard for basic rights of
   consumers and the protection of Licensees from unwarranted unilateral
   actions of the Licensor.' (The proposed resolution can be found on
   www.ABANET.ORG/TIPS/UCITA.)  TIPS and others in the ABA will also ask
   that NCCUSL refrain from pursuing any state legislative action during
   the period of review and redrafting.

   To counter this effort, there is a strong move by UCITA proponents to
   appoint an ABA/NCCUSL Task Force to review UCITA and withdraw the TIPS

   REQUESTED ACTION:  Contact the ABA House of Delegates members you know
   and others from your state. Urge them to vote yes to TIPS Resolution
   110-B.  For a list of the members by state, go to the ALA Washington
   Office's web pages on UCITA at www.ala.org/washoff/delegateslist.pdf.
   The House of Delegates has over 500 members. If you are a member of the
   ABA, contact information is published the Red Book.

   We know that UCITA proponents are lobbying the delegates so please act
   quickly on this.

Thank you for your interest in blocking the enactment of UCITA. This update
provides information about the recent UCITA developments around the nation.
Please share this information with others who may be interested and direct
them to the Affect Coalition web site at www.affect.ucita.com.
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