Sponsor pulls support for controversial UCITA law

Patrick Thibodeau   Today’s Top Stories    or  Other Legislation/Regulation Stories  

Sign up to receive Security Resource Alerts

August 01, 2003 (Computerworld) -- WASHINGTON -- Citing widespread political opposition to UCITA, the National Conference of Commissioners on Uniform State Laws (NCCUSL) has pulled its support for the controversial software licensing law and won't seek its adoption in any state.
"Clearly we are experiencing directed intense and incessant politics and strong opposition, without suggestion of concrete alternatives, from some consumer groups, insurance companies and libraries, and the allies they have accumulated," NCCUSL President King Burnett said today in a letter sent to the group's commissioners, who represent each of the states. The NCCUSL, which is financially supported by the states, recommends uniform commercial laws.
One top official of the Chicago-based group called the action "unprecedented" and said it was the result of intense, wide-ranging opposition to the Uniform Computer Information Transaction Act (UCITA).
King said the NCCUSL had become "embroiled in a political debate with unusual dimensions."
Unless a state acts on its own, the move by the NCCUSL ends the state-by-state battle over UCITA but it doesn't end the controversy for two key reasons. First, UCITA is on the books in two states, Virginia and Maryland, and companies in those states will be able to cite the law in their contracts. The law also serves as a resource for courts to use, a point Burnett made by citing several rulings where judges recently made reference to it.
"The law is evolving, and it appears UCITA is influencing that law," said Carlyle Ring, who headed the now disbanded UCITA drafting committee, in an interview at the NCCUSL annual meeting today.
Ring's point wasn't lost on opponents, who intend to continue fighting the licensing law, which sets default rules in software contracts. Opponents said those rules gave vendors too much power to set terms and conditions as well as protect themselves from liability. Supporters say companies are free to negotiate terms and conditions, although opponents say most users don't have the clout to challenge licensing terms.
Miriam M. Nisbet, legislative counsel for the American Library Association and one of the leaders of a coalition of business and academic groups opposing UCITA, said opponents have no plan to disband. "As long as it's out there, people have to worry about it," said Nisbet.
Even if the NCCUSL isn't backing UCITA, King reiterated support for UCITA and suggested in his letter that it's not dead. "We need time and politics to work themselves out," he said.
The action by the NCCUSL came after the group failed again to win UCITA's adoption in any state over the last legislative year. After it won quick adoption in 2000 in Virginia and Maryland, opponents organized and lobbied against it.
Indeed, opponents were so successful in fighting UCITA that they won adoption in four states of anti-UCITA legislation. This "bomb-shelter" legislation is intended to prevent a vendor from applying, for instance, Maryland's UCITA law provisions in a bomb-shelter state. Nesbit said opponents will continue to press for this legislation, which has been adopted in Vermont, Iowa, North Carolina and West Virginia.
Ring said he supports the NCCUSL decision, adding that it had become impossible to reach a consensus about the law and its merits. The debate "is not on the merits, it's on positions that people dug themselves into." He now sees UCITA as being in a period of "repose."
UCITA is a lengthy and complex document intended to offer certainty and uniformity to some online licensing and software contracting. But the law was quickly attacked for some of its overreaching provisions, such as one that would allow companies to employ "self-help" or remote turn-off, in a software dispute. Although the NCCUSL backed away from some of the more controversial provisions, it never made enough changes to satisfy opponents.
Some of UCITA's terms could also be resurrected in new uniform laws or even grafted on to pending uniform laws. The group for now plans to see what kinds of rulings over information and software transactions arise from the courts.
"I think there is a perception that we need to let the whole area of the law go fallow for a while," said John McCabe, legislative counsel for the NCCUSL.

Print this Story

Send Us Feedback

E-mail this Story

Digg this Story

Slashdot this Story

"What part of "Yahoo doesn't want a thing to do with you" did Ballmer not get? The new lord and..." Read more... "One presidential candidate publishes his views on technology and the other doesn't. But does it really matter?..." Read more... Read more Government & Regulation posts or See all Blogs

DNS hole prompts synchronized patching effort by IT vendors Microsoft plugs nine holes in Windows, DNS, SQL Symantec warns of new Word attack More top stories...

Microsoft sets XP SP3 automatic download for Thursday Don't give Google a free pass on data collection, privacy advocates say after YouTube ruling XP SP3 to reach most users 'shortly,' says Microsoft

This old laptop: Revitalizing an aging notebook on the cheap All it takes is a couple hours and about $125 to breathe new life into an old laptop. Here's how. Bill Gates moves on Is Microsoft's Golden Age over? What are Gates' most memorable quotes? Find out in Computerworld's complete coverage of the end of the Bill Gates era at Microsoft. Five things you should never tell your boss There are some things your CIO definitely doesn't want to hear. Also don't miss the flipside, Five things you should always tell your boss. Hands-On: Firefox 3 fixes what's broke and keeps what's right With its latest version, Mozilla's browser continues to raise the bar for what Web browsers should be. Windows Vista A to Z Reviews, analyses, how-tos, visual tours, hot issues and predictions about Microsoft's new OS. More Continuing Coverage After 9/11: Homeland SecurityAsk a Premier 100 IT LeaderBlackBerry Legal BattleData Security BreachesElectronic VotingFirefoxH-1B VisasHP's Boardroom ScandalHandheld DevicesHurricane Katrina AftermathMicrosoft Legal IssuesMicrosoft's VistaOpen SourceRFID TechnologySCO's Linux FightSarbanes-Oxley ActSpamVoice Over IPWi-FiWindows Meta File VulnerabilityWindows XP Service Pack 3 IT Careers 2010 Four years from now, the IT field will be a vastly different place. Will you be ready? More Special Reports Premier 100 IT Leaders 2007 Best in Class2006 Computerworld Horizon Awards2006 Premier 100 IT Leaders2006 Salary Survey2007 Best Places to Work in IT2007 IT Forecast2007 Premier 100 IT Leaders40 Years of ComputerworldASPs, Take TwoBest Places to Work in IT 2003Best Places to Work in IT 2004Best Places to Work in IT 2005Best Places to Work in IT 2006Business Intelligence Home RunsBusiness Intelligence: Smarter BIBusiness Intelligence: The Future of BICRM Goes VerticalCRM: Sober CRMCareer Planning Guide 2005Careers: IT Profession 2010Computerworld Horizon Awards 2005Data Management: Mining for GemsData Management: Taming Data ChaosDevelopment: Hard-Workin' Web SitesDevelopment: New Tools New ChoicesDevelopment: The New World of Application DevelopmentDevelopment: The Web Services TsunamiDevelopment: Web Services HurdlesDisaster Recovery: Preparing for the WorstE-commerce Grows UpE-mail/Groupware: Big DecisionsFaces of Mobile ITForecast 2006Global MobileHardware: Multiple Cores, Multiple ChallengesHardware: On-Demand Un-HypedHardware: The Shape of Things to ComeHorizon Awards: 10 Cool Cutting Edge TechnologiesIT Management: Guide to Managing VendorsIT Management: Navigating Global ITIT Management: Recovery AheadIT Management: The Future of ITIT Management: The Resourceful Project ManagerInnovative Technology Awards 2004Management: Reinventing ITMicrosoft in TransitionMobile/Wireless Leaders and LaggardsMobile/Wireless: The Untethered WorkerMobile/Wireless: Tiny Gadgets, Huge CostsNetwork Management: Taking ControlNetworking: Turbulence Ahead!Networking: VoIP Goes MainstreamOperating Systems: In the Slow LaneOperating Systems: Linux Goes GlobalOperating Systems: Should You Nix Unix?Outsourcing: Offshore Buyer's GuideOutsourcing: Outsourcing DangersPremier 100 IT Leaders 2004 Best in ClassPremier 100 IT Leaders 2005 Best in ClassROI: Do the Math!Salary Survey 2003Salary Survey 2004Salary Survey 2005Security Action PlanSecurity: Compliance HeadachesSecurity: Proactive SecuritySecurity: Risk and RewardSecurity: Tips From Security ProsSouped-up SecurityStorage: Battling ComplexityStorage: Cheap & Secure Data StoresStorage: Stretching Your Storage DollarsStorage: The Lean Storage MachineStorage: The New Rules of StorageStorage: The Ultimate Backup GuideSupply Chain: Missing LinksSupply Chain: RFID Reality CheckThe Business of SecurityWeb 2.0 SecurityWireless: Wireless At Work All Zones Application Performance Zone Business Continuity Zone Data Center Management Zone Enterprise-Class Security Zone The File Data Management Zone Grid Computing on Windows Zone Security Management Zone ITIL Best Practices Zone The SAS Zone Storage Virtualization Zone Business Intelligence and Analytics Zone See your link here

Computerworld Executive Briefing: The Compliance Era Get this briefing free (a $195 value), for a limited time, courtesy of VeriSign. The new Computerworld report, The Compliance Era, explains why regulatory compliance has zoomed to the top of the IT agenda and shows how real-world IT executives are dealing with the storage, security and privacy challenges. Get this briefing free (a $195 value), for a limited time, courtesy of VeriSign. Download this executive briefing  Long Tail Supplier Collaboration - What's In It For You? Long Tail Supplier Collaboration - What's In It For You? Download this webcast, free, compliments of Sterling Commerce Go to the webcast  Web Security SaaS: The Next Generation of Web Security Download this whitepaper, free for a limited time, compliments of Webroot Software. (Source: Webroot Software) The Web is the new threat vector of choice for hackers and cybercriminals to distribute malware and perpetrate identity theft, financial fraud, and corporate espionage. This paper outlines the challenges facing many SMBs and provides solutions for overall security effectiveness and reducing the burden on IT departments. Download this white paper  White Papers Read up on the latest ideas and technologies from companies that sell hardware, software and services. Virtualization Analysis for VMware A Guide to Understanding Messaging Archiving Archiving Compliance with Sunbelt Exchange Archiver View more whitepapers

• DNS hole prompts synchronized patching effort by IT vendors
• Microsoft plugs nine holes in Windows, DNS, SQL
• Symantec warns of new Word attack
• More top stories 

Since You Asked A weekly storage column from storage analyst, Steve Duplessie of the Enterprise Strategy Group Click here to read the latest column by Steve Duplessie

Eliminate SPAM, Gain Productivity Learn all about the dangers and the costs of spam in all its forms – from stock-touting to spreadsheet. Also, understand the drawbacks of traditional hardware- and software-based defenses – and the unique benefits of MessageLabs multi-layered, managed Anti-Spam solution; as illustrated by a real-world case study where MessageLabs stopped spam cold. Download this white paper now!  See more Whitepapers

The Spy Files For Congress to do anything that helps protect consumers and the critical Internet infrastructure as a whole, it must pass laws that require proactive processes to protect computers, not that tell people how to deal with the resulting mess, says Ira Winkler. Click here to read the latest column by Ira Winkler

Understand Messaging Archiving Email storage is growing at an average rate of 35% annually - three out of five decision makers cite the growth of messaging storage as their leading messaging-related problem. This Osterman Research white paper discusses the several reasons to implement a messaging archiving system and provide an overview of Sunbelt Software's offering focused squarely on the archiving space. Download this white paper now!