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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.