James S. Huggins' Refrigerator Door: Click here to go to my Home Page. ucita, uniform computer information transactions act, ucita, uniform computer information transactions act, qwerty
.
UCITA: Uniform Computer Information Transaction Act

UCITA:
Uniform Computer Information Transactions Act

What Is UCITA?

UCITA stand for "Uniform Computer Information Transactions Act". UCITA is a draft state law for contracts relating to software and other forms of computer information. The National Conference of Commissioners on Uniform State Laws (NCCUSL) drafted this model law. NCCUSL and certain software companies are now urging state legislatures to enact UCITA.

What is NCCUSL?

NCCUSL is the National Conference of Commissioners on Uniform State Laws. It consists of an appointed commissioner from each state. NCCUSL promotes uniformity in state law. First it determines which areas of the law would benefit from uniformity, and then it drafts and recommends the drafted uniform laws to state legislatures for enactment.

What Other Uniform Laws exist?

The most well known uniform law is the Uniform Commercial Code (UCC). The UCITA would substitute for and replace some of the consumer protection provisions of the UCC.

How Is The Uniform Law Created?

The NCCUSL creates a drafting committee. This committee holds public meetings to discuss proposals. Then the drafting committee creates the proposed law. Finally, the NCCUSL votes.

How Did UCITA evolve?

The drafting committee originally proposed a new article to the Uniform Commercial Code (UCC). This new article was referred to as UCC Article 2B or simply UCC 2B.

The American Law Institute shares, with NCCUSL, the responsibility for the Uniform Commercial Code. Because of significant controversy over imbalance and lack of fairness to software users, the ALI called for "fundamental revisions" in Article 2B because of its treatment of customer rights. When these could not be achieved, the ALI withdrew from the Article 2B process, effectively killing it as a UCC amendment. NCCUSL then renamed UCC2B to UCITA, recast it as a stand-alone act and proceeded on their own. All three of the ALI members of the UCC 2B committee refused an invitation to join the UCITA committee and expressed their opinion that UCITA should not proceed.

(Because ALI has officially "withdrawn" from the UCITA process and because it desires to continue to work with NCCUSL on other aspects of UCC, it is extremely diplomatic in its official discussions of the disagreements, patricularly in documents available on the web. However, you can learn some by reading their official meeting minutes and motions and articles by individuals influential within the ALI.)

Were There Public Hearings?

Yes there were. There were hearings for UCC 2B. Attendance at the open drafting committee meetings was dominated in large part by mass-market software publishers.

For example, InfoWorld says

They are open to participation by all who wish to attend, but as the effort involves hammering out the fine points of law, they are mostly attended by attorneys representing the interested parties. Such a committee worked on UCITA for over a decade. Through most of that time, the software industry was basically by itself at the table with the commissioners, an imbalance that was so obvious that NCCUSL and other legal organizations had to actively seek out and recruit organizations that could represent software customers. . . . Those representatives were unanimous in their frustration in their ability to make any significant changes in the basic philosophy of the draft and in their belief that is dangerously out of balance in favor of large software companies.

When Was UCITA Approved?

First, understand that UCITA has only been approved by the NCCUSL. On 29.Jul.1999 NCCUSL voted 43 to 6 to approve. (Two abstained; remember that there are 51 total because the District of Columbia is included.)

Those voting against were: Alaska, Iowa, Minnesota, Nebraska, North Carolina, and Utah.

Second, each state must individually vote on the UCITA. The state can (a) adopt it without changes, (b) adopt it with changes or (c) not adopt it at all. The law becomes effective (or not) on a state by state basis.

Third, although NCCUSL did approve it, the "process" was a bit "rushed". Again, quoting from InfoWorld:

The only meeting of the committee (a rump version minus the ALI members who were member of the 2B committee) to take feedback on UCITA was held for just one day immediately prior to the NCCUSL meeting where UCITA was approved. At the time, the first UCITA draft had only been available to interested for a matter of weeks, and opposition groups had scant time to study and respond to a considerable number of changes that had been made since February.

Who Opposes the UCITA?

The list is large and impressive. It includes:

  • The Federal Trade Commission staff
  • The Attorneys General of over 20 states
  • Institute of electrical and electronics engineers (Ieee)
  • Association for Computing Machinery (ACM)
  • American Society for Quality (ASQ)
  • Independent Computer Consultants Association (ICCA)
  • Software engineering Institute (SEI)
  • Free Software Foundation (FSF)
  • American Committee for Interoperable Systems (ACIS)
  • The American Law Institute
  • Consumer Project on Technology
  • Consumer Federation of America
  • Consumers Union
  • National Consumer League
  • United States Public Interest Research Group
  • National Retail Federation
  • and more (see the links below)

Some originally believed in the concept and have since "changed their mind". For example, The American Law Institute, which originally cooperated with NCCUSL on the drafting of the uniform law, terminated its sponsorship because it believed the draft to be unbalanced

Not one consumer organization is supporting UCITA.

Who Is Supporting UCITA?

According to Carlyle "Connie" Ring, chairman of the NCCUSL draft committee, UCITA is supported by

  • Business Software Alliance (14 members, among those Microsoft Corp, Lotus Development Corp. and Adobe Systems Inc.),
  • Software Information Industry Association,
  • Silicon Valley Software Industry Coalition
  • Computer Software Industry Association.

What Are the UCITA Problems?

UCITA dramatically shifts the balance of existing contract law in favor of software vendors when they contract with businesses and consumers. In particular, UCITA:

  • Validates "shrink-wrapped", standard, take-it-or-leave-it licenses
     
  • Introduces new uncertainty regarding the duration of the acquirer's right to use the software
     
  • Allows software vendors to shut down software, even mission critical software, remotely . . . without going to court first and without court approval.
     
  • Allows software vendors to prohibit the transfer of software from one company to another, even in the course of a merger or acquisition and from one person to another, even as a gift
     
  • Allows software vendors to avoid liability for damage caused by defects, even if the software vendor knew about the defects and didn't disclose them at the time the software was acquired
     
  • Binds companies to license terms in software acquired by employees without authorization.
     
  • Allows software vendors to prohibit public criticism of their product.
     
  • Allows software vendors to impede the development of innovative products.
     
  • Allows software vendors to collect confidential information about business and consumer licensees.
     
  • Allows software vendors to disclose contract terms only after the acquirer has paid for the software, binds the acquirer to those terms, and allows the software vendor to change the terms of the contract unilaterally by email.
     
  • Click-thru terms and conditions in the software will supersede those of a fully negotiated contract between the acquirer and the software vendor
     
  • Allows software vendors to exercise rights over products developed with their software.
     
  • Allows vendors to use loopholes to control where legal disputes are adjudicated, moving disputes to the vendor's states and eliminating inexpensive venues close to the acquirer.

Recent Updates

Since this page was originally written, only two states have approved UCITA: Maryland and Virginia. Both approved it with limitations (such as a delay in effective date to allow study.)

In addition, NCCUSL has amended UCITA a teeny, tiny bit to remove one minor provision about vendor self-help for mass marketed software sold to consumers. (See the Computerworld article.)


Notes On Links

The groups of links below are generally organized alphabetically. Within the groups, individual pages are shown.

Some of these sites link back to this UCITA page. I have shown these with a red "donut" that links to their page that links back to me: This site links back to my Multiple Sclerosis pages from this page on the site. (EXAMPLE ONLY)

In some cases, a page related to one organization may be actually stored on another organization's site. (The is most frequently the case with letters.) In these cases the link is shown in the group that is the author of the letter instead of with the site hosting the page. Such pages are also indicated with a square red symbol:

In addition, some links are shown more than once. For example, Cem Kaner's article entitled "Why Software Quality Professionals Should Actively Oppose the Uniform Computer Information Transactions Act (UCITA)" is shown both under the ACM site, where it is hosted, and under Cem Kaner's site. Such duplicate links are indicated by a black square:


Across the Net

The 2B GuideThe 2B Guide: One of the premier sites on what used to be UCC 2B and is now called UCITA. This excellent site notes that "revisions to conform The 2BGuide to the newly transformed Uniform Computer Information Transactions Act are ongoing." This site contains boatloads and boatloads of documents and information on this topic.   (www.2bguide.com)

Comments on Software Quality by Watts S. HumphreyComments on Software Quality by Watts S. Humphrey: Watts S. Humphrey is a Fellow at the Software engineering Institute at Carnegie Mellon University and a noted authority on software quality.  (www.2bguide.com/docs/whsq.html)

Affect: Americans for Fair Electronic Commerce TransactionsAffect: Americans for Fair electronic Commerce Transactions: An anti-UCITA coalition of of industry leaders, libraries and consumer organizations opposing UCITA in all states. (Formerly 4CITe.org) (www.affect.ucita.com)

What is UCITA?What is UCITA?: The Affect education page. Excellent overview of UCITA and the problems with this law.  (www.affect.ucita.com/what.html)

American Association of Law Libraries (AALL)American Association of Law Libraries (AALL): Founded in 1906, the American Association of Law Libraries has over 4,800 members. It promotes and enhances the value of law libraries to the legal and public communities, fosters the profession of law librarianship, and provides leadership in the field of legal information.  (www.aallnet.org)

American Association of Law Libraries (AALL) Washington AffairsAmerican Association of Law Libraries (AALL) Washington Affairs: The Washington Affairs Office monitors legislative, judicial and regulatory activities and represents the views of the AALL to government.  (www.ll.georgetown.edu/aallwash)

Letter Expressing Concern With UCC 2B (27.Mar.1997)Letter expressing Concern With UCC 2B (27.Mar.1997): expresses serious concern with early provisions of UCC 2B.  (www.ll.georgetown.edu/aallwash/lt032797.html)

Letter to NCCUSL (08.Oct.1998)Letter to NCCUSL (08.Oct.1998): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Special Libraries Association.  (www.arl.org/info/letters/libltr.html

Letter to ALI (13.Oct.1998)Letter to ALI (13.Oct.1998): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Special Libraries Association.  (www.arl.org/info/letters/Wright_ALI_letter.html

Letter to NCCUSL (12Jul.1999)Letter to NCCUSL (12Jul.1999): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Medical Library Association, (5) Special Libraries Association.  (www.arl.org/info/letters/lebrun7.12.html

Letter to Joint Commission on Technology and Science (JCOTS) (04.Jan.2000)Letter to Joint Commission on Technology and Science (JCOTS) (04.Jan.2000): Signed by members of the Advisory Committee to JCOTS who voted against the motion to recommend UCITA.  (www.ll.georgetown.edu/aallwash/lt010400.html)

American Bar AssociationAmerican Bar Association (www.abanet.org)

Working Group on Consumer Protection, American Bar Association Business Law Section, Committee on the Law of Cyberspace, Subcommittee on Electronic Commerce, Letter to NCCUSL (10.Jun.1999)Working Group on Consumer Protection, American Bar Association Business Law Section, Committee on the Law of Cyberspace, Subcommittee on electronic Commerce, Letter to NCCUSL (10.Jun.1999): every now and then I just have to use the full name of a group because it is fun.  (ucita_wgcp_19990610_letter)

American Committee for Interoperable Systems (ACIS)American Committee for Interoperable Systems (ACIS): ACIS is a membership organization of more than 30 corporations in the computer industry. The organization supports policies and principles of intellectual property law that provide a balance between rewards for innovation and the belief that computer systems developed by different vendors must be able to communicate fully with each other. This ability to communicate is termed interoperabilty, and involves the interchange of information that benefits all computer users. [NB: this site does not appear to have been updated any time recently]   (www.interop.org)

Letter to NCCUSL (13.Jul.1998)Letter to NCCUSL (13.Jul.1998): expressing concerns regarding UCC 2B before adoption  (ucita_acis_19980713_letter

Letter to NCCUSL (07.Oct.1998)Letter to NCCUSL (07.Oct.1998): expressing concerns regarding UCC 2B before adoption.  (ucita_acis_19981007_letter)

Letter to NCCUSL (21.Jun.1999)Letter to NCCUSL (21.Jun.1999): expressing concerns regarding UCITA before adoption.  (ucita_acis_19990621_letter

Email Clarifying Letter (15.Jul.1999)email Clarifying Letter (15.Jul.1999): This email clarifies a characterization of the 21.Jun letter.  (ucita_acis_19990715_email

American Law Institute (ALI)American Law Institute (ALI): The American Law Institute has joint responsibility, together with the NCCUSL, for updates to the Uniform Commercial Code (UCC).  (www.ali.org)

Memo to ALI Members from Gail Hillebrand (28.Apr.1997)Memo to ALI Members from Gail Hillebrand (28.Apr.1997): explains in some detail the objections and problems.  (www.ali.org/ali/hillga.htm

Letter to NCCUSL (26.Mar.1998)Letter to NCCUSL (26.Mar.1998): This letter from Geoffrey C. Hazard, Jr. (Chair of the ALI) to NCCUSL explains some of the reasons that ALI would not submit UCC 2B to a member vote at the annual meeting in May 1998.  (ucita_ali_19980326_letter)

Memo and Motion (05.May.1998)Memo and Motion (05.May.1998): This memo from Jean Braucher and Peter Linzer discusses some objections to UCC 2B, proposes a resolution opposing UCC 2B and gives a detailed memorandum explaining the reasons.  (www.ali.org/ali/Braucher.htm)

Press Release, ALI Withdrawing from UCITAPress Release, ALI Withdrawing from UCITA: This negotiated joint press release of 07.Apr.1999 by NCCUSL and ALI, announces that UCC 2B is being abandoned, and that NCCUSL will proceed with UCITA without the participation of ALI. Note the diplomatic tone downplaying any disagreements. Note also the the positive comments come from NCCUSL and not from ALI. And remember, the language was negotiated.  (ali.org/ali/pr040799.htm)

The ALI Reporter  (Spr.1999), "Article 2B Is Withdrawn from UCC and Will Be Promulgated by NCCUSL as Separate Act"The ALI Reporter  (Spr.1999) , "Article 2B Is Withdrawn from UCC and Will Be Promulgated by NCCUSL as Separate Act": An article in the ALI magazine explaining the ALI withdrawal from the UCC 2B process.  (ali.org/ali/r2103%5Fart2b.htm)

Letter, Lance Liebman, Pres (17.Sep.1999): The letter to members of ALI explains some of the continuing tensions between ALI and NCCUSL. One paragraph notes, in part, the disagreement over UCITA.  (ali.org/ali/091799%5Fliebman%5Fltr.htm)

American Library AssociationAmerican Library Association (www.ala.org)

Letter to NCCUSL (08.Oct.1998)Letter to NCCUSL (08.Oct.1998): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Special Libraries Association.  (www.arl.org/info/letters/libltr.html

Letter to ALI (13.Oct.1998)Letter to ALI (13.Oct.1998): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Special Libraries Association.  (www.arl.org/info/letters/Wright_ALI_letter.html

Letter to NCCUSL (12Jul.1999)Letter to NCCUSL (12Jul.1999): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Medical Library Association, (5) Special Libraries Association.  (www.arl.org/info/letters/lebrun7.12.html

American Library Association Washington Office Newsline  (V08, N69, 16.Jul.1999), "Action Needed: Ask Your State Commissioners to Oppose the Uniform Computer Information Transactions Act (UCITA)"American Library Association Washington Office Newsline  (V08, N69, 16.Jul.1999) , "Action Needed: Ask Your State Commissioners to Oppose the Uniform Computer Information Transactions Act (UCITA)"   (www.ala.org/washoff/alawon/alwn8069.html)

American Library Association Washington Office Newsline  (V08, N73, 22.Jul.1999), "Action Needed: Ask NCCUSL State Commissioners Via Fax To Oppose UCITA"American Library Association Washington Office Newsline  (V08, N73, 22.Jul.1999) , "Action Needed: Ask NCCUSL State Commissioners Via Fax To Oppose UCITA"   (www.ala.org/washoff/alawon/alwn8073.html)

American Library Association Washington Office Newsline  (V08, N80, 05.Aug.1999), "NCCUSL State Commissioners Pass UCITA; Action Now Needed at the State Level"American Library Association Washington Office Newsline  (V08, N80, 05.Aug.1999) , "NCCUSL State Commissioners Pass UCITA; Action Now Needed at the State Level"  (www.ala.org/washoff/alawon/alwn8080.html)

UCITAUCITA: An overview page at ALA.  (www.ala.org/washoff/look.html)

UCITAUCITA: A PDF "brochure" on UCITA. Essentially the same as the previous link.  (www.ala.org/washoff/ucitaogr.pdf)

List of NCCUSL RepresentativesList of NCCUSL Representatives (www.ala.org/washoff/list.html)

ALA Activity on the Proposed UCITAALA Activity on the Proposed UCITA (www.ala.org/washoff/activity.html)

ALA Cognotes  (15.Jan.2000), "UCITA: Our Ability to Exercise Fair Use Rights is at Stake"ALA Cognotes  (15.Jan.2000) , "UCITA: Our Ability to exercise Fair Use Rights is at Stake": Status report and "call to arms".  (www.ala.org/events/mw2000/cognotes/saturday26.html)

The UCITA and LibrariesThe UCITA and Libraries: An article about the impact of the UCITA and libraries.  (www.ala.org/oitp/copyright/_library.html)

The UCITA and LibrariesThe UCITA and Libraries: A PDF "brochure". Essentially the same as the previous link.  (www.ala.org/washoff/ucitaoitp.pdf)

American Society of Media Photographers (ASMP)American Society of Media Photographers (ASMP): ASMP is a trade organization which promotes photographers' rights, educates photographers in better business practices, and produces business publications for photographers. It was founded in 1944 by a handful of the world's leading photojournalists and now has over 5,000 members in 40 chapters nationwide.  (www.asmp.org)

Letter to NCCUSL (14.Jul.1998)Letter to NCCUSL (14.Jul.1998): expresses "alarm" and "objection".  (www.asmp.org/publications/library/articles/10.html)

Association for Computing MachineryAssociation for Computing Machinery (www.acm.org)

Letter on UCC 2B, Brownstein (07.Oct.1998)Letter on UCC 2B, Brownstein (07.Oct.1998): Letter from Charles N. Brownstein, Chair, ACM US Public Policy Committee, opposing UCITA.  (www.acm.org/usacm/copyright/usacm-ucc2b-1098.html)

Communications of the ACM  (Jun.1999), "Melissa's Message"Communications of the ACM  (Jun.1999) , "Melissa's Message": The monthly column from the President of the ACM (Barbara Simons) opposing UCITA.  (www.acm.org/usacm/copyright/p25-simons.pdf)

Letter on UCC 2B, Barbara Simons  (12.Jul.1999)Letter on UCC 2B, Barbara Simons  (12.Jul.1999): Letter from Barbara Simons opposing UCITA.  (www.acm.org/usacm/copyright/usacm-ucita.html)

Why Software Quality Professionals Should Actively Oppose the Uniform Computer Information Transactions Act (UCITA)Why Software Quality Professionals Should Actively Oppose the Uniform Computer Information Transactions Act (UCITA): by Cem Kaner, PhD, JD  (www.acm.org/usacm/copyright/asq_ucita.html

ACM: Copyright and Intellectual PropertyACM: Copyright and Intellectual Property: Overview and links to UCITA links. Many of these links are also shown above.  (www.acm.org/usacm/copyright)

Association of Research Libraries (ARL)Association of Research Libraries (ARL): ARL is a not-for-profit membership organization comprising the libraries of North American research institutions and operates as a forum for the exchange of ideas and as an agent for collective.  (www.arl.org)   This site links back to my UCITA page from this page on the site.

ARL: A Bimonthly Newsletter of Research Library Issues and Actions  (#190, Feb.1997), "New Article of UCC Addresses Licenses"ARL: A Bimonthly Newsletter of Research Library Issues and Actions  (#190, Feb.1997) , "New Article of UCC Addresses Licenses": An early bulletin about UCC 2B.  (www.arl.org/newsltr/190/ucc.html)

UCC Article 2B: Some Preliminary Comments on a New Issue for the Library Community (Oakley, 16.Oct.1997)UCC Article 2B: Some Preliminary Comments on a New Issue for the Library Community (Oakley, 16.Oct.1997): Prepared for presentation at the Annual Meeting of the Association of Research Libraries, by Robert L. Oakley, Director of the Law Library and Professor of Law at the Georgetown University Law Center. [This version before delivery. See the "proceedings" version next.]  (www.arl.org/info/frn/copy/uccspeech.html)

UCC Article 2B: Some Preliminary Comments on a New Issue for the Library Community (Oakley, 16.Oct.1997)UCC Article 2B: Some Preliminary Comments on a New Issue for the Library Community (Oakley, 16.Oct.1997): Prepared for presentation at the Annual Meeting of the Association of Research Libraries, by Robert L. Oakley, Director of the Law Library and Professor of Law at the Georgetown University Law Center. [This version from the proceedings. See the "preparation" copy preceding.]  (www.arl.org/arl/proceedings/131/oakley.html)

UCITA - The Uniform Computer Information Transactions Act: An Update by Robert L. Oakley (13.Oct.1999)UCITA - The Uniform Computer Information Transactions Act: An Update by Robert L. Oakley (13.Oct.1999): Prepared for presentation at the Annual Meeting of the Association of Research Libraries, by Robert L. Oakley, Director of the Law Library and Professor of Law at the Georgetown University Law Center. [See also earlier presentations at the 1997 meeting above.]  (www.arl.org/info/frn/copy/oakley.htm

Letter to NCCUSL (08.Oct.1998)Letter to NCCUSL (08.Oct.1998): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Special Libraries Association.  (www.arl.org/info/letters/libltr.html

Letter to ALI (13.Oct.1998)Letter to ALI (13.Oct.1998): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Special Libraries Association.  (www.arl.org/info/letters/Wright_ALI_letter.html

Letter to NCCUSL (12Jul.1999)Letter to NCCUSL (12Jul.1999): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Medical Library Association, (5) Special Libraries Association.  (www.arl.org/info/letters/lebrun7.12.html

A Quick Look at UCITAA Quick Look at UCITA: A short summary.  (www.arl.org/info/frn/copy/ucita.html)

Licenses and Information Policy: An Update on UCC Article 2BLicenses and Information Policy: An Update on UCC Article 2B (www.arl.org/newsltr/198/ucc2b.html)

Association of the Bar of the City of New YorkAssociation of the Bar of the City of New York (www.abcny.org)

Report on UCITAReport on UCITA: explains the conflicts between UCITA and federal copyright laws.  (ucita_nyb_19990621_report.pdf

Bad SoftwareBad Software: A website with substantial information opposing the UCITA created by Cem Kaner, one of the most ardent opponents of UCITA and author of the book Bad Software. For information about Cem, see the InfoWorld article.  (www.badsoftware.com)

ArticlesArticles: An extensive link list of articles opposing UCITA.  (www.badsoftware.com/oppose.htm)

Organizations That Have Opposed or Criticized UCITAOrganizations That Have Opposed or Criticized UCITA: A huge list of organizations, including links to published criticisms and opposition statements  (www.badsoftware.com/oppose.htm)

Why Software Quality Professionals Should Actively Oppose the Uniform Computer Information Transactions Act (UCITA)Why Software Quality Professionals Should Actively Oppose the Uniform Computer Information Transactions Act (UCITA): by Cem Kaner, PhD, JD  (www.acm.org/usacm/copyright/asq_ucita.html

Consumer Issues and Article 2B: An excellent analysis by Cem Kaner (Bad Software) and Todd Paglia (Consumer Project on Technology) of the consumer issues in UCC 2B. It includes a May 1998 addition addressing some of the claims that "significant concessions" were made for consumers.  (www.badsoftware.com/alidec97.htm

Privacy Problems in Article 2BPrivacy Problems in Article 2B: An article from 1996 about the significant privacy problems in the proposed UCC 2B. These sections were ultimately removed but this paper is an excellent example of what was proposed!  (www.badsoftware.com/privacy.htm)

Software QA Magazine  (1997), "The Impossibility of Complete Testing"Software QA Magazine  (1997) , "The Impossibility of Complete Testing": Cem Kaner's article. Of particular importance to the casual reader are the introduction section and a section near the back called "Back to the Legal Stuff".  (www.kaner.com/imposs.htm

Bad Software, "Chapter 1: Read This First"Bad Software , " Chapter 1: Read This First": A excerpt from Cem Kaner's book Bad Software, explaining how to obtain a refund for bad software. It explains some of the UCC rejection rules, including the "perfect tender rule".  (www.badsoftware.com/chapter1.htm)

Proposed Article 2B: Problems from the Customer's View, Part 1 (1996)Proposed Article 2B: Problems from the Customer's View, Part 1 (1996): An early detailed analysis of consumer issues from Cem Kaner.  (www.badsoftware.com/uccpart1.htm)

Proposed Article 2B: Problems from the Customer's View, Part 2 (1996)Proposed Article 2B: Problems from the Customer's View, Part 2 (1996): An early detailed analysis of consumer issues from Cem Kaner.  (www.badsoftware.com/uccpart2.htm)

Article 2B is Fundamentally Unfair to Mass-Market Software Customers (Oct 1997)Article 2B is Fundamentally Unfair to Mass-Market Software Customers (Oct 1997): Another of Cem Kaner's lengthy, detailed and thorough articles on the problems with UCC 2B.  (www.badsoftware.com/ali.htm)

Memo to NCCUSL on UCC 2B (08.Oct.1998)Memo to NCCUSL on UCC 2B (08.Oct.1998): Cem Kaner's details shows how many problems existed in UCC 2B.  (www.badsoftware.com/kanerncc.htm)

Consumer Concerns About Article 2B (Aug.1998)Consumer Concerns About Article 2B (Aug.1998): Circulated at the ABA Meeting, Toronto, Ontario, Canada.  (www.badsoftware.com/abba1998.htm)

Article 2B - Report from the November 13-15, 1998 MeetingArticle 2B - Report from the November 13-15, 1998 Meeting: Cem Kaner's notes about the meeting drafting committee. Released in contrast to the official press releases. If you want to understand some of the frustration of those working to make UCC 2B a workable solution, read this document.  (www.badsoftware.com/uccnov98.htm)

Letter to FTC on Ecommerce Rules (30.Apr.1999)Letter to FTC on ecommerce Rules (30.Apr.1999): Cem Kaner's letter to the FTC on their proposed ecommerce rules includes some discussion of the impacts of UCITA.  (www.ftc.gov/bcp/icpw/comments/kaner.htm)

Why Writers Should Actively Oppose the Uniform Computer Information Transactions Act (UCITA) (19.Jun.1999)Why Writers Should Actively Oppose the Uniform Computer Information Transactions Act (UCITA) (19.Jun.1999): Another excellent analysis by Cem Kaner.  (www.nwu.org/pic/ucita2.htm

Bad Software --- Who Is Liable?Bad Software --- Who Is Liable?: Delivered as an invited address at the American Society for Quality's Annual Quality Congress Philadelphia, May 1998 as as the keynote address to the Quality Assurance Institute Regional Conference, Seattle, June 1998. In one of my favorite passages, Cem Kaner notes: ". . . most (in my experience, all) software companies ship software with bugs that were found during testing but not fixed."  (www.badsoftware.com/asqcirc.htm)

Article 2B and Software Customer Dissatisfaction (27.May.1997)Article 2B and Software Customer Dissatisfaction (27.May.1997): Prepared for the UCC Article 2B Drafting Committee.  (www.badsoftware.com/stats.htm)

Restricting Competition in the Software Industry: Impact of the Pending Revisions to the Uniform Commercial Code (Nov.1997)Restricting Competition in the Software Industry: Impact of the Pending Revisions to the Uniform Commercial Code (Nov.1997): Presented to the Appraising Microsoft conference, Washington, D.C., November, 1997.  (www.badsoftware.com/nader.htm)

Not Quite Terrible Enough SoftwareNot Quite Terrible enough Software (18.Mar.1997): Presented at the Software engineering Process Group (SePG) 97 Conference, San Jose, California, 18.Mar.1997. This paper is slightly modified from the paper Cem Kaner handed out, in order to include some remarks that he added while speaking at the conference.  (www.badsoftware.com/sepg.htm)

Liability for Bad Software and Support (03.Oct.1996)Liability for Bad Software and Support (03.Oct.1996): A paper presented to the Software Support Professionals Association executive Briefing, San Diego, October 3, 1996 and to the Software Support Conference east, March 12, 1997.  (www.badsoftware.com/support1.htm)

Remedies Provisions of Article 2B (10.Dec.1996)Remedies Provisions of Article 2B (10.Dec.1996): A memo for the 10-12.Jan.1997 meeting of the Article 2B Drafting Committee.  (www.badsoftware.com/uccrem.htm)

Software Negligence and Testing Coverage (1995)Software Negligence and Testing Coverage (1995): Portions of this paper were originally published in Software QA, Vol. 2, #2  (www.badsoftware.com/coverage.htm)

Liability for Defective Documentation (1995)Liability for Defective Documentation (1995): Originally published in Software QA, Volume 2, #3, 1995.  (www.badsoftware.com/baddocs.htm)

Quality Cost Analysis: Benefits and RisksQuality Cost Analysis: Benefits and Risks (1996): Published in Software QA, Volume 3, #1, 1996.  (www.badsoftware.com/qualcost.htm)

Uniform Commercial Code Article 2B: A New Law of Software Quality (1996)Uniform Commercial Code Article 2B: A New Law of Software Quality (1996): First published in Software QA, Volume 3, #2, 1996.  (www.badsoftware.com/uccsqa.htm)

Better Business BureauBetter Business Bureau (www.bbb.org)

Better Business Bureaus Release 1995 Data: . . . Computer Sales/Services Hit Top 10 Complaint List For First TimeBetter Business Bureaus Release 1995 Data: . . . Computer Sales/Services Hit Top 10 Complaint List For First Time: Complaints on computer sales/services hit the top ten (#8) for the first time ever. Complaints over computer problems even outnumbered complaints relating to notorious used car sales (#12). This raises important questions about UCITA. Should the law allow software publishers to insulate themselves from almost all damages (other than a refund) for putting defective software on the market? Shouldn't software publishers at the very least have some additional responsibility beyond a refund if they knowingly put defective products on the market that cause serious damage to some consumers?  (www.bbb.org/alerts/inquiry.asp)

C. Scott AnanianC. Scott Ananian (www.pdos.lcs.mit.edu/~cananian)

Anti-UCITA Resource PageAnti-UCITA Resource Page: Links to UCITA information on the net.  (www.pdos.lcs.mit.edu/~cananian/UCITA)

Caterpillar, Inc.Caterpillar, Inc.  (www.caterpillar.com)

Caterpillar Opposes UCITA (29.Jul.1999)Caterpillar Opposes UCITA (29.Jul.1999): Press release.  (ucita_cat_19990729_release

CNET News.comCNeT News.com  (www.news.com)

CNET News.com  (23.Apr.1997), "Shrink-wrapping the social contract"CNeT News.com  (23.Apr.1997) , "Shrink-wrapping the social contract": "By loading this week's column, you may have unwittingly entered into a binding legal agreement with the devil." This column explains why.  (www.news.com/Perspectives/mw/mw4_23_97a.html)

CNN  (12.Jul.1999), "Opponents blast proposed U.S. software law"CNN  (12.Jul.1999) , "Opponents blast proposed U.S. software law"   (www.cnn.com/TECH/computing/9907/12/ucita.idg/index.html)

Computer Professionals for Social ResponsibilityComputer Professionals for Social Responsibility: CPSR is a public-interest alliance of computer scientists and others concerned about the impact of computer technology on society.  (cpsr.org)

UCITA Fact SheetUCITA Fact Sheet: A good overview of the law and why CPSR opposes it. Includes a sample letter you can use to write your state legislators.  (cpsr.org/program/UCITA/ucita-fact.html)

Sample Letter to LegislatorSample Letter to Legislator: A sample letter you can use as a model to write your legislator.  (cpsr.org/program/UCITA/ucita-letter.html)

Richard Barry's LetterRichard Barry's Letter: The letter Richard Barry (Mid-Atlantic Director of CPSR) wrote to several northern Virginia legislators.  (www.cpsr.org/program/UCITA/barry_ucita.html)

Proposed Uniform Computer Information Transactions Act (UCITA): Objections from the Consumer ProspectiveProposed Uniform Computer Information Transactions Act (UCITA): Objections from the Consumer Prospective: This article by Jean Braucher, Roger Henderson Professor at Law at the University of Arizona, provides an excellent analysis of the law and how it affects the consumer. It lists the key flaws then provides a section by section analysis.  (www.cpsr.org/program/UCITA/braucher.html)

UCITA and the StatesUCITA and the States: A status report for each state currently involved with UCITA.  (cpsr.org/program/UCITA/ucitastates.html)

Computerworld  (09.Aug.2000), "UCITA Group Backs Off Provision in Software Licensing Law --- Somewhat"Computerworld  (09.Aug.2000) , " UCITA Group Backs Off Provision in Software Licensing Law Somewhat": Discusses the recent change in UCITA by the NCCUSL. (www.computerworld.com/cwi/story/0%2C1199%2CNAV47_STO48357%2C00.html)

Consumer Federation of AmericaConsumer Federation of America: A consumer advocacy, educational and membership organization comprised of over 260 organizations with a combined membership of over 50 million people.  (www.consumerfed.org)

Letter from Consumer Groups Opposing UCC 2BLetter from Consumer Groups Opposing UCC 2B (10.Nov.1998): Signed for (1) Consumer Federation of America, (2) Consumer Project on Technology, (3) National Consumers League, (4) U.S. Public Interest Research Group. (ucita_con_19981110_letter.htm

Consumer Project on TechnologyConsumer Project on Technology (www.cptech.org)

General UCC 2B PageGeneral UCC 2B Page: CPT's general UCC 2B page.  (www.cptech.org/ucc)

Email from Jonathan Band to Todd Paglia (05.Nov.1996)email from Jonathan Band to Todd Paglia (05.Nov.1996): Jonathan Band, a partner with the D. C. branch of Morrison & Foerster, discusses the possible ramifications of shrinkwrap provisions.  (www.cptech.org/ucc/jband.html)

Letter by Todd Paglia (10.Nov.1996)Letter by Todd Paglia (10.Nov.1996): The letter comments on the November 1996 draft of UCC 2B. Useful for seeing what didn't change through the process.  (www.cptech.org/ucc/novucc.html)

Handout to Telecommunications Policy Roundtable (05.Feb.1997)Handout to Telecommunications Policy Roundtable (05.Feb.1997): This version is modified and expanded from the original. It provides an overview with an emphasis on shrinkwrap licenses.  (www.cptech.org/ucc/hand1.html)

Letter from Ralph Nader to Bill Gates (31.Mar.1997)Letter from Ralph Nader to Bill Gates (31.Mar.1997): expresses Ralph Nader's "concern" and encourages Bill Gates to support changes. [See also Todd Paglia's related letter on 08.May.1997.]  (www.cptech.org/ucc/nader.html)

Letter by Todd J. Paglia (09.Apr.1997)Letter by Todd J. Paglia (09.Apr.1997): Comments on the March 1997 UCC 2B draft.  (www.cptech.org/ucc/april97.html)

Memo from Gail Hillebrand (09.Apr.1997): expresses concern that consumers and other small users are disadvantaged by the draft.  (www.cptech.org/ucc/cucomm.html

Letter by Todd Paglia to Software Publishers Association (SPA) (08.May.1997)Letter by Todd Paglia to Software Publishers Association (SPA) (08.May.1997): Ralph Nader wrote a letter to Bill Gates. Then the SPA wrote Ralph Nader a letter responding and circulated their response at a UCC 2B meeting. This letter is a response to the SPA letter. [See also the letter to Bill Gates on 31.Mar.1997.]  (www.cptech.org/ucc/reply.html)

Letter from Todd J. Paglia (30.May.1997)Letter from Todd J. Paglia (30.May.1997): An analysis of Section 402.  (www.cptech.org/ucc/may97.html)

Letter from Ralph Nader (18.Jul.1997)Letter from Ralph Nader (18.Jul.1997): A letter to "express great concern".  (www.cptech.org/ucc/nader2.html)

Memo, Todd Paglia to ALI on UCC 2B (10.Mar.1998)Memo, Todd Paglia to ALI on UCC 2B (10.Mar.1998): Detailed analysis of many of the defects of UCC 2B, most of which were not corrected in UCITA.  (www.cptech.org/ucc/ali3-10.html)

Letter from Consumer Groups Opposing UCC 2BLetter from Consumer Groups Opposing UCC 2B (10.Nov.1998): Signed for (1) Consumer Federation of America, (2) Consumer Project on Technology, (3) National Consumers League, (4) U.S. Public Interest Research Group. (ucita_con_19981110_letter.htm

Consumer Issues and Article 2B: An excellent analysis by Cem Kaner (Bad Software) and Todd Paglia (Consumer Project on Technology) of the consumer issues in UCC 2B. It includes a May 1998 addition addressing some of the claims that "significant concessions" were made for consumers.  (www.badsoftware.com/alidec97.htm

Consumers UnionConsumers Union: established in 1936, Consumers Union, publisher of Consumer Reports, is an independent, nonprofit testing and information organization serving only consumers. They are a comprehensive source for unbiased advice about products and services, personal finance, health and nutrition, and other consumer concerns. Their income is derived solely from the sale of Consumer Reports and our other services, and from noncommercial contributions, grants, and fees. Cem Kaner says "CU has been the hardest-working consumer organization opposing UCITA."  (www.consumersunion.org)

Memo from Gail Hillebrand (09.Apr.1997): expresses concern that consumers and other small users are disadvantaged by the draft.  (www.cptech.org/ucc/cucomm.html

Memo to ALI Members from Gail Hillebrand (28.Apr.1997)Memo to ALI Members from Gail Hillebrand (28.Apr.1997): explains in some detail the objections and problems.  (www.ali.org/ali/hillga.htm

Letter to the ALI from Gail Hillebrand (07.Oct.1997)Letter to the ALI from Gail Hillebrand (07.Oct.1997): A detailed analysis.  (ucita_cu_19971007_letter

Letter Opposing UCC 2B (08.Oct.1998)Letter Opposing UCC 2B (08.Oct.1998): Advocates stopping the drafting process completely.  (ucita_cu_19981008_letter

Letter Opposing UCITA (21.Jun.1999)Letter Opposing UCITA (21.Jun.1999): A strong letter of opposition with detailed analysis.  (ucita_cu_19990621_letter

Digital Future Coalition (DFC)Digital Future Coalition (DFC): Created in 1995, the DFC is a unique collaboration of many of the nation's leading non-profit educational, scholarly, library and consumer groups, together with major commercial trade associations representing leaders in the consumer electronics, telecommunications, computer and network access industries. Thus, membership represents both the owners and users of intellectual property. The 42 member DFC is committed to preserving the time-tested balance between the rights of owners of intellectual property and the traditional use privileges of the public. (www.dfc.org)

Letter Re UCC 2B (12.Sep.1997)Letter Re UCC 2B (12.Sep.1997): early letter expressing concerns.  (www.dfc.org/issues/2bletter/2bletter.html)

Letter Re UCC 2B (23.Jun.1999)Letter Re UCC 2B (23.Jun.1999): early letter expressing concerns.  (ucita_dfc_19990623_letter.pdf

Microsoft Decision Underscores Problems Posed by UCITA (12.Nov.1999)Microsoft Decision Underscores Problems Posed by UCITA (12.Nov.1999): A press release explaining how the Microsoft decision point out UCITA issues.  (ucita_dfc_19991112_release

The Controversies of UCITA (Fall 1999) (ucita_dfc_1999fall_page

Federal Trade CommissionFederal Trade Commission (www.ftc.gov)

Letter to NCCUSL (30.Oct.1998)Letter to NCCUSL (30.Oct.1998): Concerns and issues by the staff of the Bureaus of Consumer Protection and Competition and of the Policy Planning office of the Federal Trade Commission (FTC).  (www.ftc.gov/be/v980032.htm)

Federal Trade Commission, Bureau of Consumer Protection, Opposition to UCITALetter to NCCUSL (09.Jul.1999): Letter to NCCUSL expressing opposition.  (www.ftc.gov/be/v990010.htm)

45 Professors of Contracts and Commercial Law (16.Jul.1999)45 Professors of Contracts and Commercial Law (16.Jul.1999): Their letter to the NCCUSL opposing UCITA.  (ucita_pccl_19990716_letter)

50 Intellectual Property Law Professors (17.Nov.1998)50 Intellectual Property Law Professors (17.Nov.1998): Their letter to the NCCUSL opposing UCC 2B.  (ucita_ipp_19981117_letter)

Home Box Office (HBO)Home Box Office (HBO) (www.hbo.com)

Memo (Spring 1998?)Memo (Spring 1998?): This internal memo outlines HBO objections to UCC 2B.  (ucita_hbo_19980000_memo

The Impact of Article 2B of the UCC on the Future of Transactions in Information and Electronic CommerceThe Impact of Article 2B of the UCC on the Future of Transactions in Information and electronic Commerce: "Home" page for a conference held at University of California at Berkeley, 23-25.Apr.1998.  (sims.berkeley.edu/BCLT/events/ucc2b)

Selected Articles Written By Conference SpeakersSelected Articles Written By Conference Speakers: Articles written before the conference. Very interesting stuff but mostly not related to UCC 2B.  (sims.berkeley.edu/BCLT/events/ucc2b/articles_abc.html)

Press Release (16.Jul.1998): The release begins "UC Berkeley experts call for immediate hold on proposed legislation to regulate information commerce."  (too_complex_to_show)

San Francisco Examiner  (03.May.1998), "Net Skink: 2B or Not 2B"San Francisco examiner  (03.May.1998) , "Net Skink: 2B or Not 2B": Rebecca L. Eisenberg writes after attending conference.  (www.examiner.com/skink/skinkMay3.html)

What Planet Are You On?: The Working Lives of Writers and the UCC2B Committee: By Jonathan Tasini, President, National Writers Union (UAW Local 1981). Prepared for the conference on the Impact of Article 2B sponsored by the Berkeley Center for Law & Technology, UC Berkeley, April 23-25 1998.  (www.lra-ny.com/workinglife/whatplanet.html

The Industry Standard  (www.thestandard.com)

he Industry Standard  (20.Nov.1998) , "Sign It and Weep": This issue of Lawrence Lessig's monthly column  is devoted to UCC 2B.  (www.thestandard.com/article/display/0,1151,2583,00.html

InfoWorld: UCITA Summary InformationInfoWorld: UCITA Summary Information: Hosted by InfoWorld a page promoting awareness of and opposition to UCITA.  (www.infoworld.com/cgi-bin/displayStory.pl?/features/990531ucita_home.htm)

What is UCITA?What is UCITA?: An overview of the law.  (www.infoworld.com/cgi-bin/displayStory.pl?/features/990531ucita1.htm)

Why is UCITA Important?: ed Foster, is InfoWorld's "reader advocate" and Gripe Line columnist. He writes how "his original optimism soon faded as I discovered how heavily the draft was weighted in favor of sanctifying the very same industry practices that I was worried about". "Far from rectifying the imbalance between software publisher and software customer, UCITA will reinforce the software industry in its worst practices."  (www.infoworld.com/cgi-bin/displayStory.pl?/features/990531ucita2.htm)

Ed Foster's Gripe Line and UCITAed Foster's Gripe Line and UCITA: Links to over 30 Gripe Line columns about (and opposing) UCITA.  (www.infoworld.com/cgi-bin/displayNew.pl?/foster/links/2bbackcol.htm)

InfoWorld  (31.May.1999), "Licensing Time Bomb"InfoWorld  (31.May.1999) , "Licensing Time Bomb": Jessica Davis writes a cautionary article before adoption of UCITA.  (www.infoworld.com/cgi-bin/displayStory.pl?/features/990531ucita.htm)

InfoWorld Electric  (28.May.1999), "User Rights Advocate No Friend of UCITA"InfoWorld electric  (28.May.1999) , "User Rights Advocate No Friend of UCITA": Jessica Davis writes about UCITA critic Cem Kaner (who wrote the book Bad Software). Some excellent quotes.  (www.infoworld.com/cgi-bin/displayStory.pl?/features/990528.hnUcitasb2.htm)

InfoWorld  (30.Aug.1999), "UCITA Issues"InfoWorld  (30.Aug.1999) , "UCITA Issues": This page shows the issues of UCITA most likely to affect "InfoWorld" readers.  ( www.infoworld.com/cgi-bin/displayStory.pl?/features/990531ucita3.htm

LA Times  (04.Feb.2000), "Software Makers Aim to Dilute Consumer Rights"LA Times  (04.Feb.2000) , "Software Makers Aim to Dilute Consumer Rights": Discusses how UCITA shifts the balance of power in contract law toward the company and away from the consumer. (www.latimes.com/business/updates/lat_rights000204.htm)

Law News NetworkLaw News Network  (www.lawnewsnetwork.com)

Law News Network  (23.Feb.1998), "In New UCC Software Contracts, Is the Customer Always Wrong?"Law News Network  (23.Feb.1998) , "In New UCC Software Contracts, Is the Customer Always Wrong?": Wendy Leibowitz discusses UCC 2B.  (www.ljx.com/tech/wendy/wendy73.html)

Lawrence Lessig: Currently Berkman Professor of Law at Harvard Law School. From 1991 to 1997, he was a professor at the University of Chicago Law School. He graduated from Yale Law School in 1989, and then clerked for Judge Richard Posner of the 7th Circuit Court of Appeals, and Justice Antonin Scalia on the Supreme Court. Lessig teaches and writes in the areas of constitutional law, contracts, comparative constitutional law, and the law of cyberspace.  (cyber.law.harvard.edu/lessig.html)

The Industry Standard  (20.Nov.1998) , "Sign It and Weep": This issue of Lawrence Lessig's monthly column  is devoted to UCC 2B.  (www.thestandard.com/article/display/0,1151,2583,00.html

Magazine Publishers of AmericaMagazine Publishers of America (www.magazine.org)

Letter to NCCUSL (10.Sep.1998)Letter to NCCUSL (10.Sep.1998): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19980910_letter.pdf

Letter to NCCUSL (09.Nov.1998)Letter to NCCUSL (09.Nov.1998): This letter from MPAA appears to reference ("and other allied associations") the same 5 other organizations which signed the letter of 10.Sep.1998 and the subsequent letter of 07.Dec.1998: (1) Magazine Publishers of America, (2) National Association of Broadcasters, (3) National Cable Television Association, (4) Newspaper Association of America, (5) Recording Industry Association of America.  (ucita_mpaa_19981109_letter

Letter to NCCUSL (07.Dec.1998)Letter to NCCUSL (07.Dec.1998): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19981207_letter

Letter to NCCUSL (10.May.1999)Letter to NCCUSL (10.May.1999): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19990510_letter

Medical Library AssociationMedical Library Association (www.mlanet.org)

Letter to NCCUSL (08.Oct.1998)Letter to NCCUSL (08.Oct.1998): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Special Libraries Association.  (www.arl.org/info/letters/libltr.html

Letter to ALI (13.Oct.1998)Letter to ALI (13.Oct.1998): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Special Libraries Association.  (www.arl.org/info/letters/Wright_ALI_letter.html

Letter to NCCUSL (12Jul.1999)Letter to NCCUSL (12Jul.1999): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Medical Library Association, (5) Special Libraries Association.  (www.arl.org/info/letters/lebrun7.12.html

Michael FroomkinMichael Froomkin: His home page at the University of Miami School of Law (which is actually not in Miami but rather in nearby Coral Gables.)  (personal.law.miami.edu/~froomkin)

Article 2B as Legal Software for Electronic Contracting --- Operating System or Trojan Horse?Article 2B as Legal Software for electronic Contracting Operating System or Trojan Horse?: This draft, from 27.Nov.1998, expands upon an original version delivered in Berkeley at a conference on The Impact of Article 2B of the UCC on the Future of Transactions in Information and electronic Commerce   (www.law.miami.edu/~froomkin/articles/2b.pdf)

Motion Picture Association of AmericaMotion Picture Association of America (www.mpaa.org)

Letter to NCCUSL (10.Sep.1998)Letter to NCCUSL (10.Sep.1998): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19980910_letter.pdf

Letter to NCCUSL (09.Nov.1998)Letter to NCCUSL (09.Nov.1998): This letter from MPAA appears to reference ("and other allied associations") the same 5 other organizations which signed the letter of 10.Sep.1998 and the subsequent letter of 07.Dec.1998: (1) Magazine Publishers of America, (2) National Association of Broadcasters, (3) National Cable Television Association, (4) Newspaper Association of America, (5) Recording Industry Association of America.  (ucita_mpaa_19981109_letter

Letter to NCCUSL (07.Dec.1998)Letter to NCCUSL (07.Dec.1998): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19981207_letter

Letter to NCCUSL (10.May.1999)Letter to NCCUSL (10.May.1999): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19990510_letter

National Association of BroadcastersNational Association of Broadcasters (www.nab.org)

Letter to NCCUSL (10.Sep.1998)Letter to NCCUSL (10.Sep.1998): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19980910_letter.pdf

Letter to NCCUSL (09.Nov.1998)Letter to NCCUSL (09.Nov.1998): This letter from MPAA appears to reference ("and other allied associations") the same 5 other organizations which signed the letter of 10.Sep.1998 and the subsequent letter of 07.Dec.1998: (1) Magazine Publishers of America, (2) National Association of Broadcasters, (3) National Cable Television Association, (4) Newspaper Association of America, (5) Recording Industry Association of America.  (ucita_mpaa_19981109_letter

Letter to NCCUSL (07.Dec.1998)Letter to NCCUSL (07.Dec.1998): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19981207_letter

Letter to NCCUSL (10.May.1999)Letter to NCCUSL (10.May.1999): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19990510_letter

National Cable Television AssociationNational Cable Television Association (www.ncta.com)

Letter to NCCUSL (10.Sep.1998)Letter to NCCUSL (10.Sep.1998): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19980910_letter.pdf

Letter to NCCUSL (09.Nov.1998)Letter to NCCUSL (09.Nov.1998): This letter from MPAA appears to reference ("and other allied associations") the same 5 other organizations which signed the letter of 10.Sep.1998 and the subsequent letter of 07.Dec.1998: (1) Magazine Publishers of America, (2) National Association of Broadcasters, (3) National Cable Television Association, (4) Newspaper Association of America, (5) Recording Industry Association of America.  (ucita_mpaa_19981109_letter

Letter to NCCUSL (07.Dec.1998)Letter to NCCUSL (07.Dec.1998): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19981207_letter

Letter to NCCUSL (10.May.1999)Letter to NCCUSL (10.May.1999): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19990510_letter

National Conference of Commissioners on Uniform State Laws (NCCUSL)National Conference of Commissioners on Uniform State Laws (NCCUSL) (www.nccusl.org)

National Consumers LeagueNational Consumers League: Formed in 1899, the National Consumers League works to protect and promote the economic and social interests of America's consumers, using education, research, science, investigation, publications, and the public and private sector.  (www.natlconsumersleague.org)

Letter from Consumer Groups Opposing UCC 2BLetter from Consumer Groups Opposing UCC 2B (10.Nov.1998): Signed for (1) Consumer Federation of America, (2) Consumer Project on Technology, (3) National Consumers League, (4) U.S. Public Interest Research Group. (ucita_con_19981110_letter.htm

National Music Publishers' Association (NMPA)National Music Publishers' Association (NMPA) (www.nmpa.org)

Letter to NCCUSL (21.Jan.1999)Letter to NCCUSL (21.Jan.1999): Since this letter, NMPA has begun expressing "neutrality" because UCITA now excludes their association's work products.  (ucita_nmpa_19990121_letter.pdf

National Writers Union (NWU)National Writers Union (NWU): The NWU is the trade union for freelance writers of all genres who work for American publishers or employers. Membership is over 5,500 in 17 local chapters.  (www.nwu.org)

Letter to Drafting Committee (09.Oct.1998)Letter to Drafting Committee (09.Oct.1998): Opposes UCC 2B. Suggests ways to reduce impact on writers.  (www.nwu.org/pic/ucc1009a.htm

What Planet Are You On?: The Working Lives of Writers and the UCC2B Committee: By Jonathan Tasini, President, National Writers Union (UAW Local 1981). Prepared for the conference on the Impact of Article 2B sponsored by the Berkeley Center for Law & Technology, UC Berkeley, April 23-25 1998.  (www.lra-ny.com/workinglife/whatplanet.html

UCC 2B and UCITA Threatens WritersUCC 2B and UCITA Threatens Writers: The National Writers Union "home" page for UCC 2B and UCITA.  (www.nwu.org/pic/ucchome.htm)

UCITA: The Son of UCC 2B Strikes BackUCITA: The Son of UCC 2B Strikes Back: The NWU calls for action.  (www.nwu.org/pic/ucita1.htm)

Why Writers Should Actively Oppose the Uniform Computer Information Transactions Act (UCITA) (19.Jun.1999)Why Writers Should Actively Oppose the Uniform Computer Information Transactions Act (UCITA) (19.Jun.1999): Another excellent analysis by Cem Kaner.  (www.nwu.org/pic/ucita2.htm

UCC 2B and Writers Who Work Under ContractUCC 2B and Writers Who Work Under Contract: A discussion of the impact of the proposed UCC 2B on BITe (Business Instructional Technical electronic) writers.  (www.nwu.org/pic/ucc-bite.htm)

Score Win for Union, But Fight Goes On November UCC2B OutcomeScore Win for Union, But Fight Goes On November UCC2B Outcome: A discussion of the Nov.1998 meeting and the impact on writers.  (www.nwu.org/pic/ucc9901.htm)

UCC 2B Fact Sheet: What is it and Where Did it Come From? (03.Jul.1998)UCC 2B Fact Sheet: What is it and Where Did it Come From? (03.Jul.1998): An overview targeted to the impact on writers.  (www.nwu.org/pic/uccfact.htm)

NWU Makes Headway in UCC2B BattleNWU Makes Headway in UCC2B Battle: A report in August 1998.  (www.nwu.org/pic/ucc819.htm)

UCC 2B Press Advisory (23.Jul.1998)UCC 2B Press Advisory (23.Jul.1998) (www.nwu.org/pic/ucc723.htm)

Letter to Raymond T. Nimmer, Reporter, Article 2B (19.Jul.1998)Letter to Raymond T. Nimmer, Reporter, Article 2B (19.Jul.1998): Response to a letter from Mr. Nimmer. Includes his original communication.  (www.nwu.org/pic/ucc719.htm)

Memo to NCCUSL (25.Mar.1998)Memo to NCCUSL (25.Mar.1998) (www.nwu.org/pic/uccnccus.htm)

Memo to NCCUSL (02.Jul.1998)Memo to NCCUSL (02.Jul.1998) (www.nwu.org/pic/uccmemo2.htm)

Newspaper Association of AmericaNewspaper Association of America (www.naa.org)

Letter to NCCUSL (10.Sep.1998)Letter to NCCUSL (10.Sep.1998): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19980910_letter.pdf

Letter to NCCUSL (09.Nov.1998)Letter to NCCUSL (09.Nov.1998): This letter from MPAA appears to reference ("and other allied associations") the same 5 other organizations which signed the letter of 10.Sep.1998 and the subsequent letter of 07.Dec.1998: (1) Magazine Publishers of America, (2) National Association of Broadcasters, (3) National Cable Television Association, (4) Newspaper Association of America, (5) Recording Industry Association of America.  (ucita_mpaa_19981109_letter

Letter to NCCUSL (07.Dec.1998)Letter to NCCUSL (07.Dec.1998): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19981207_letter

Letter to NCCUSL (10.May.1999)Letter to NCCUSL (10.May.1999): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19990510_letter

Pamela SamuelsonPamela Samuelson: A long-time opponent of software patents, she is professor at the University of California at Berkeley. She has also written against the UCITA. Check the links to her papers, both in Wired and in Communications of the ACM. (www.sims.berkeley.edu/~pam)

Pamela Samuelson PapersPamela Samuelson Papers: Links to her selected papers, including Wired and Communications of the ACM. Excellent! Includes some papers on her site that are pre-publication versions of published papers.  (www.sims.berkeley.edu/~pam/papers.html)

Letter to NCCUSL (09.Jul.1999)Letter to NCCUSL (09.Jul.1999): This letter is in response to an issue of Houston Law Review containing several articles in favor of UCITA.  (ucita_psam_19990709_letter)

Principal FinancialPrincipal Financial (www.principal.com)

Introduction to ProblemsIntroduction to Problems (ucita_pri_1999fall_intro

Key Business ProblemsKey Business Problems (ucita_pri_1999fall_sum

Recording Industry Association of AmericaRecording Industry Association of America (www.riaa.org)

Letter to NCCUSL (10.Sep.1998)Letter to NCCUSL (10.Sep.1998): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19980910_letter.pdf

Letter to NCCUSL (09.Oct.1998)Letter to NCCUSL (09.Oct.1998): expresses the particular objections of the recording industry.  (ucita_riaa_19981009_letter

Letter to NCCUSL (09.Nov.1998)Letter to NCCUSL (09.Nov.1998): This letter from MPAA appears to reference ("and other allied associations") the same 5 other organizations which signed the letter of 10.Sep.1998 and the subsequent letter of 07.Dec.1998: (1) Magazine Publishers of America, (2) National Association of Broadcasters, (3) National Cable Television Association, (4) Newspaper Association of America, (5) Recording Industry Association of America.  (ucita_mpaa_19981109_letter

Letter to NCCUSL (07.Dec.1998)Letter to NCCUSL (07.Dec.1998): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19981207_letter

Letter to NCCUSL (10.May.1999)Letter to NCCUSL (10.May.1999): Signed by (1) Magazine Publishers of America, (2) Motion Picture Association of America, (3) National Association of Broadcasters, (4) National Cable Television Association, (5) Newspaper Association of America, (6) Recording Industry Association of America.  (ucita_mpaa_19990510_letter

Security Mutual Insurance CompanySecurity Mutual Insurance Company (www.securitymutual.com)

Letter to NCCUSL (26.May.1999)Letter to NCCUSL (26.May.1999) (ucita_sem_19990526_letter

Society for Information Management (SIM)Society for Information Management (SIM): established in 1968, the Society for Information Management (SIM) is a not-for-profit organization of information technology experts, including CIOs, CTOs and emerging IT leaders, as well as key professionals within the IT community, such as academicians and consultants.  (www.simnet.org)

What is UCITA, Why Should I Care and What Should I Do????What is UCITA, Why Should I Care and What Should I Do????: A overview page with background, issues and proposed action  (too_complex_to_show)

The Trouble with UCITA  A Brief IntroductionThe Trouble with UCITA A Brief Introduction: Background.  (too_complex_to_show)

UCITA: Why the ControversyUCITA: Why the Controversy: Discussions of the issues.  (too_complex_to_show)

Summary of Key Problems With UCITA for Business Users of SoftwareSummary of Key Problems With UCITA for Business Users of Software: NB: You may need to click on another link after going to this page.  (too_complex_to_show)

SIM Joins Coalition to Oppose UCITASIM Joins Coalition to Oppose UCITA: Release of 06.Jan.2000 announcing that SIM is joining a coalition known as "For a Competitive Information and Technology economy" or 4CITe (now known as Affect). (too_complex_to_show)

Letter to NCCUSL (23.Mar.1998)Letter to NCCUSL (23.Mar.1998): Includes an extensive analysis of the problems.  (ucita_sim_19980323_letter.htm)  

Letter to NCCUSL (08.Oct.1998)Letter to NCCUSL (08.Oct.1998): This letter, in addition to substantive disagreements, also conveys a tone severe of frustration.  (ucita_sim_19981008_letter.htm

Software Engineering Institute (SEI)Software engineering Institute (SEI): SEI is a federally funded research and development center sponsored by the U.S. Department of Defense to advance the practice of software engineering. It has been located at Carnegie Mellon University since December 1984. (www.sei.cmu.edu)

SEI Letter to NCCUSLSEI Letter to NCCUSL: 01.Jun.1999, Opposing UCITA before adoption.  (ucita_sei_letter

Special Libraries Association (SLA)Special Libraries Association (SLA): Special librarians are information resource experts dedicated to putting knowledge to work to attain the goals of their organizations. Today's special librarians do far more than locate and collect data. Using the Internet and other current technology, they also evaluate, analyze, organize, package, and present information in a way that maximizes its usefulness.  (www.sla.org)

Letter to NCCUSL (08.Oct.1998)Letter to NCCUSL (08.Oct.1998): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Special Libraries Association.  (www.arl.org/info/letters/libltr.html

Letter to ALI (13.Oct.1998)Letter to ALI (13.Oct.1998): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Special Libraries Association.  (www.arl.org/info/letters/Wright_ALI_letter.html

Letter to NCCUSL (12Jul.1999)Letter to NCCUSL (12Jul.1999): expressing serious concerns. Signed by (1) American Association of Law Libraries, (2) American Library Association, (3) Association of Research Libraries, (4) Medical Library Association, (5) Special Libraries Association.  (www.arl.org/info/letters/lebrun7.12.html

swtest-discuss Letter to NCCUSL (20.Nov.1998)swtest-discuss Letter to NCCUSL (20.Nov.1998): A letter from one of the largest software testing discussion lists on the net.  (ucita_swtd_19981120_letter.htm)

U.S. Public Interest Research GroupU.S. Public Interest Research Group: State PIRGs created the U.S. Public Interest Research Group (U.S. PIRG) in 1983 to act as watchdog for the public interest in our nation's capital. U.S. PIRG speaks for the public interest against the special interests, on issues in the news and below the surface.  (www.igc.apc.org/pirg/uspirg)

Letter from Consumer Groups Opposing UCC 2BLetter from Consumer Groups Opposing UCC 2B (10.Nov.1998): Signed for (1) Consumer Federation of America, (2) Consumer Project on Technology, (3) National Consumers League, (4) U.S. Public Interest Research Group. (ucita_con_19981110_letter.htm

The extra text menu links (previously here) are being removed in the site redesign.
Browser and search engine improvements have eliminated the motivation/necessity for them.

This page created:
before
Fri, 25.Oct.2002

Last updated:
16:20, Sat, 10.May.2014

. . .

NOTICE --- SITE  UNDERGOING REWRITE - SEE LINK BELOW FOR DETAILS

 Explanation of the rewrite: New Page Layout.
 Check out my blog: My Ephemerae
 Yes ... I want you to link to my site Please link to me
 Want to email me? I'd love to hear from you.
 I have begun tutoring in the South Houston, Texas area.

. . .
ucita, uniform computer information transactions act, ucita, uniform computer information transactions act, qwerty . . . ucita, uniform computer information transactions act, ucita, uniform computer information transactions act, qwerty