The Special Libraries Association is opposed to UCITA, the Uniform Computer Information Transactions Act because it undermines consumer and privacy protections. This proposed legislation would change the rules for purchase and use of computer software and information products for businesses, individuals and non-profits. And if enacted, UCITA will cost software consumers billions. In essence, this legislation validates a "shrink-wrap" or "click-on" approach to electronic licensing, superseding consumer protections, copyright law, and privacy protections.

SLA is a member of AFFECT (Americans for Fair Electronic Commerce Transactions), a broad-based national coalition of industry leaders, libraries and consumer organizations dedicated to educating the public and policy makers about the dangers of UCITA.
SLA supports the following AFFECT findings.

UCITA would change software and informational purchases in the following ways:

• The software purchased would no longer belong to the buyer.
• Consumers would become licensees who are bound to the terms of the contract provided in "shrink-wrap" products or "click-on" agreements.
• Restrictions on use could be revealed after purchase.
• Software publishers could change the terms of the contract after purchase.
• Software vendors could prohibit the transfer of software from one person to another or from one company to another, even in the course of a merger or acquisition.
• Allows terms that could severely limit the use of the product.
• Users could be prohibited from criticizing or publicly commenting on software they purchased.

UCITA would also allow:

• Invasions of privacy.
• Software publishers to legally track and collect confidential information about personal and business activities of licensees.
• Software and information products to contain "back door" entrances, potentially making users' systems vulnerable to infiltration by hackers.
• Software companies to knowingly ship defective products.
• Software publishers to deny both large and small businesses many of the current warranty protections available under present law.
• Software publishers to sell their products "as is" and to disclaim liability for product shortcomings.
• Software publishers to restrict legal action regarding defective products to a specific jurisdiction -- a particular county, state or even a different country.
• Software to be disabled without notification.
• Software publishers to shut down mission critical software remotely without court approval and without incurring liability for the foreseeable harm caused.
• Software publishers to modify the terms of contracts after the sale simply by sending an e-mail -- regardless of whether the consumer receives the notification or not.
• Software publishers to remove their product, simply because usage fees arrive late.
• Software publishers to unhindered ability to disable or remove their product for unspecified "license violations."
  
• An end-run around federal copyright law in mass-market licensing agreements that are used by virtually all consumers and that are the mainstay of most library and business operations.

UCITA threatens:

• Existing privileges granted under federal copyright laws.
• Fair use privileges that allow for the provision of fundamental library services like inter-library loan, archiving and preservation.
• First sale" privileges that permit donation, transfer or resale of a product.

Adjust Font Size:

• 
• 
• 
• 

Home Contact Us Join SLA Site Map SLA Store Language

Feedback

Feedback form

Feedback form