Comments/Opinions/Suggestions (Fwd: IMPORTANT... FW: ACTION NEEDED (fwd))

Date: Wed, 21 Jul 1999 08:43:40 -0400 (EDT)
From: Les Meredith <les@usra.edu>
Subject: Fwd: IMPORTANT... FW: ACTION NEEDED (fwd)

ALAWON: American Library Association Washington Office Newsline
Volume 8, Number 69
July 16, 1999

In this issue:

Action Needed: Ask Your State Commissioners to Oppose the Uniform Computer Information Transactions Act (UCITA)

At its annual meeting in Denver, CO on July 23-29, the National Council of Commissioners on Uniform State Laws (NCCUSL) will vote on the Uniform Computer Information Transactions Act (UCITA). UCITA is a proposed "uniform law" designed to establish regulations for computer information transactions that will apply from state to state once ratified by state legislatures. (Note: UCITA used to be known as Article 2B, or UCC2B of the Uniform Commercial Code).

The original intent of UCITA was to address proposed software industry concerns regarding the licensing of software products. However, UCITA has a broader and more sweeping impact that will affect libraries since it extends to nearly all "transactions of information," and represents a movement toward the licensing of information in all forms over the sale of copies as traditionally understood under copyright law.

UCITA also would establish that "click on" and "shrink wrap" licenses, which may include terms that inappropriately limit the use by the purchaser or user, are legally binding and non- negotiable. Such terms could include limits on fair use, regardless of the circumstances under which fair use would normally be exercised.

ACTION NEEDED:
ALAWON readers are asked to contact their individual state NCCUSL commissioners quickly and request that UCITA be tabled until library and consumer concerns are addressed. Remind them that consensus has not yet been reached and it would be premature to pass UCITA on to individual states for ratification to state law.

See the ALA Washington Web site (http://www.ala.org/washoff/ucita.html) for information on how to contact your state commissioners. Additional information is posted as well as a model letter for your use. We also encourage you to send a copy of your letter to your commissioners in care of the hotel where they will be holding their annual meeting, June 23-30th. The address is: Hyatt Regency Tech C, 7800 East Tufts Ave., Denver, CO 80237.