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. Letter from Software engineering Institute (SEI) to NCCUSL Opposing UCITA

Carnegie Mellon
Software engineering Institute
Pittsburgh, PA 15213-3890
www.sei.cmu.edu

 

June 1, 1999

Letter to the NCCUSL Commissioners

 

Dear Commissioner:

As the Director of the Software engineering Institute (SEI) at Carnegie Mellon University, I wish to register our concerns with the Article 2B (UCITA) draft. We believe that it is fundamentally flawed. While others have raised legal issues, we have technological concerns.

The SEI was formed in 1984 by the U.S. Department of Defense to further the state of software practice in the United States. We work with all branches of U.S. government, industry, and academia and are now generally recognized as the international leader in software technology and practice.

The Article 2B draft assumes that software products are inherently defective and that the current quality practices in the industry will not improve. The history in other fields demonstrates that as a technology matures, the marketplace becomes more sensitive to quality issues. In fact, software quality is a growing concern to the user community, and software quality is an active current area of study. Considerable progress is being made.

Furthermore, modern engineering increasingly embodies complex logic in software. This is true of large military systems, modern automobiles, and even children's toys. Based on cost and reliability issues, engineers decide whether to employ the product's logic in circuits, permanent memory, or a removable device like a diskette. In any case, the logic is produced with software methods and its user behavior is identical. The 2B proposal, however, would treat the resulting products quite differently. The courts should not become enmeshed in engineering implementation decisions.

The Article 2B proposal makes no technical sense. We feel that it would inhibit natural market forces, damage users, and ultimately limit the health and growth of this industry. While we appreciate the efforts that have been made to produce the UCC-2B draft, we must urge you to oppose its adoption.

 

Best regards,

 

Stephen e. Cross
Director, Software engineering Institute
Carnegie Mellon University


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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