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. Letter from Motion Picture Association of America (MPAA) and Other Allied Associations to NCCUSL Objecting to UCC 2B

[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.]

 

November 9, 1998

 

Carlyle C. Ring, Jr.
Chair, UCC 2B Drafting Committee
Ober, Kaler, Grimes & Shriver
1401 H Street NW - Fifth Floor
Washington, DC 20005

 

Dear Connie:

I am writing on behalf of the Motion Picture Association of America, Inc. (MPAA), our member companies* and other allied associations** in response to your request that we review the three scope proposals that are contained in your October 15, 1998 memorandum to the Article 2B Drafting Committee and Observers.

While we appreciate the efforts to scale back the scope of the proposed statute, it is our continuing collective belief that proposed Article 2B is fatally flawed precisely because it attempts to govern all transactions in "information" with some ambiguous exceptions, rather than only those transactions, or aspects of same, that may require new legal intervention.

We are convinced that exemptions cannot be drafted with enough precision to prevent the unintended application of Article 2B provisions to a multitude of transactions in our industries either directly or by analogy. In that regard, the attempt to resolve our problems by eliminating the traditional product lines of our industries from the scope of the article is unworkable. Indeed many of our fundamental concerns about the scope and substance of proposed Article 2B arise from the changing nature and means of delivery of the various types of information products that our companies create and distribute. Further, we believe that it is unrealistic, unsound and probably unprecedented for a statute of this nature to purport to actually prohibit courts from applying legal rules by analogy--especially in connection with the novel issues that will inevitably arise in the rapidly developing environment for which Article 2B is being designed.

Thus, notwithstanding the proposed exclusions, proposed Article 2B, which was modeled after Article 2, remains overly broad and would require unwilling, affected parties to make significant changes in well-established business practices that have proved successful for decades.

Finally, we continue to believe that, besides the scope issue, Article 2B is fraught with so many problems--including those potentially affecting basic principles and practice of intellectual property and contract law--that it has failed and will continue to fail to achieve anything approaching the necessary consensus of affected business and consumer groups. We continue to urge that the UCC-2B project be tabled for further study.

Thank you for your thoughtful consideration of our concerns and recommendations.

Sincerely,

 

Vans Stevenson
Senior Vice President
State Legislation

 

cc: Professor Geoffrey Hazard, Jr.
UCC 2B Drafting Committee
Jack Valenti
Decker Anstrom
eddie Fritts
Don Kummerfeld
Hilary Rosen
John Sturm

UCITA Pages On
James S. Huggins' Refrigerator Door

UCITA: Uniform Computer Information Transactions Act 
(This is the primary UCITA page.)
 
Home Box Office
Memo Spring 1998 (?)
 
45 Professors of Contracts and Commercial Law Letter 16.Jul.1999
 
Motion Picture Association of America Letter 10.Sep.1998
 
50 Intellectual Property Law Professors Letter 17.Nov.1998
 
Motion Picture Association of America Letter 09.Nov.1998
 
American Bar Association Letter 10.Jun.1999 
 
Motion Picture Association of America Letter 07.Dec.1998
 
American Committee on Interoperable Systems Letter 13.Jul.1998
 
Motion Picture Association of America Letter 10.May.1999
 
American Committee on Interoperable Systems Letter 07.Oct.1998
 
Movie, Publishing and Broadcasting Industry Letter 10.Sep.1999
 
American Committee on Interoperable Systems Letter 21.Jun.1999
 
National Music Publishers Association Letter 21.Jan.1999
 
American Committee on Interoperable Systems email 15.Jul.1999
 

Opposition Summary 
 
American Law Institute Letter 26.Mar.1999
 
 
Pamela Samuelson Letter 09.Jul.1999
 
Association of the Bar of the City of New York Report 21.Jun.1999
 
Principal Financial - Introduction to UCITA
 
 
Attorneys General Letter 23.Jul.1999
 
Principal Financial - Summary of UCITA
 
 
Attorneys General Letter 28.Jul.1999
 
Recording Industry Association of America Letter 09.Oct.1998
 

Attorneys General Letter 23.Jul.1999 
 
 
Sample Letter 


Caterpillar Statement 1999
 
 
Security Mutual Insurance Letter 26.May.1999
 

Consumer Groups Letter 10.Nov.1998 
 
Society for Information Management Letter 23.Mar.1998
 
 
Consumers Union Letter 08.Oct.1998
 
 
Society for Information Management Letter 08.Oct.1998
 
 
Consumers Union Letter 21.Jun.1999
 
Software engineering Institute Letter 01.Jun.1999
 
Digital Future Coalition Letter 23.Jun.1999
 
 
swtest-discuss Letter 20.Nov.1998
 

Digital Future Coalition Page Fall 1999
 


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