Wednesday, August 21, 2002

Academic-Library Groups Still Oppose Modified Software-Licensing Act By ANDREA L. FOSTER Academic-library groups say they're still opposed to a model law intended to make software-licensing agreements uniformly enforceable in all 50 states, even though the legal group that drafted the measure eased some of its provisions this month. The library groups say the changes to the law, called the Uniform Computer Information Transactions Act, or Ucita, are a step in the right direction, but don't go far enough to protect scholars' interests. The model law, which individual states would decide whether to enact, is the work of the National Conference of Commissioners on Uniform State Laws. The group approved changes to it on August 1. One of the changes would allow consumers to criticize software products publicly without fear of retribution from software makers. Another change would allow consumers to study how a piece of software works so that it can be made compatible with other technologies -- a process known as reverse engineering. Still another change would, in many cases, prevent software manufacturers from disabling an individual's software remotely. The changes would loosen some terms of "click on" or "shrink wrap" contracts that typically accompany the sale of electronic software and restrict how consumers use the products. Software manufacturers say such restrictions ensure that consumers do not freely distribute the products. But scholars and librarians say the restrictions stifle consumers' freedom of speech and undermine their fair use of products they've paid for. Ucita was originally created to give muscle to those contracts. "The specific amendments certainly are an attempt to make improvements, but they don't go far enough," says Miriam Nisbet, legislative counsel for the American Library Association. She is also president for Americans for Fair Electronic Commerce Transactions, a consumer group fighting the law. "It's still a very confusing and difficult law to understand, and really needs to be reworked." The National Conference of Commissioners unveiled Ucita in July 1999, but to date only Maryland and Virginia have passed versions of it. Apart from facing opposition from consumer and library groups, the model law has been criticized by state attorneys general and the American Bar Association, which want it to include more consumer protections. Still, Ucita advocates, including Internet and technology businesses, hope the latest revisions will make states think twice about their opposition to the law. "I think companies and individuals are anxious to have a software law that they can accept and embrace," says Mark Plotkin, a Washington lawyer who represents software producers and corporate users of software. "And I think these changes should help more people to feel comfortable with Ucita." The text of the model law and the revisions are both available online. Background article from The Chronicle: New Software-Licensing Legislation Said to Imperil Academic Freedom (8/11/2000) Easy-to-print version E-mail this article

ACT average scores drop slightly after 2 states require all 11th graders to take the test Dallas community-college district ordered to repay $11-million in student fees Academic-library groups still oppose modified software-licensing act