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UCITA: The Evolution of Information Licensing

UCITA is the Uniform Computer Information Transactions Act. This is the next generation of state legislation governing the way software, multimedia products, computer data, and online informationis licensed.UCITA was developed by the National Conference of Commisioners on Uniform State Laws.

Before we get into any further information on this issue, I think it is important to note that I am opposed to this legislation. The quick answer as to why I feel this way is that this legislation is clearly skewed toward the rights of corporations with less protection for consumers than is present in current laws. I say this here to shed some light on my perspective on this issue. If you find the background and links on this page leaning toward opposition.of UCITA, that is the reason. I am not intentionally omitting any pro-UCITA information. If you know of links that would help to round out this discussion, please send them to me, I'll be happy to include them.

Whether you agree with me or not, it is important for you to be aware of this discussion because it will affect all of our lives in significant ways. Considering the scope of the role that software and information play in our current lives and the generally accepted position that both the amount and the importance of information is accelerating, now is clearly the time to have the conversation about how we interact with the people that provide the information infrastructure and who is allowed to do what with our increasingly digitized lives.
Unfortunately, from my perspective, glimpses of the future have already been seen in Draconian measures like the Digital Milenium Copyright Act . The DMCA became law in October, 1998. The tests of the DMCA since then have had more to do with controlling the rights of distribution rather than the stated concern for respect for intellectual property. The timeline link above is a good place to start on DMCA, but without going into a long discussion about the details, this is an example of the type of legislation that is being crafted in response to a perception that digital equals cyber equals lawlessness.

I offer this list of links as an invitation to become informed if not involved in the discussion on the future of software licensing in this country. I would appreciate it if you also view this as an invitation to inform me of resources and arguments that are not made here. I welcome the gains in understanding that come from a respectful debate. "I may not agree with what you say, but I will defend to the death your right to say it." - Voltaire

UCITA
Content of the Uniform Computer Information Transactions Act from University of Pensilvania Law School
National Conference of Commissioners on Uniform State Law
The drafting body of UCITA (fact sheet, Questions and Answers)
States Information on UCITA
Information on what is going on in the states with regard to UCITA
UCITA Online
A website devoted to UCITA information
Richard Stallman: Why we must fight the UCITA
Richard is the leader of the Free Software Foundation and GNU and a pioneer in the world of Free Software. (Think "free speech" not "free beer")
The Computer Professionals for Social Responsibility information on UCITA
CPSR is a group founded in 1981 to discuss the threats to scociety posed by technology and how to use the technology responsibly.
Software &Information Industry Association
This is an industry group that is backing UCITA.
Association of Research Libraries
ARL is one of the groups that opposes UCITA
UCITA: Objections from the Consumer Perspective
by Jean Braucher, Roger Henderson Professor of Law, University of Arizona



© 2001 Larry Mills-Gahl

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