Cross posting on UCITA

["Neal Pomea" <npomea@xxxxxxxx>]

Sorry for the cross posting. This should be of interest to the list.


ALAWON: American Library Association Washington Office Newsline
Volume 12, Number 47
May 30, 2003

In This Issue: 
Good news regarding UCITA (Uniform Computer Information Transactions
Act)! 
 
The Governor of Vermont yesterday (May 29) signed HO 148 (UETA, the
Uniform Electronic Transactions Act) into law. This bill included a
"UCITA bomb-shelter" provision in its Choice of Law Section.  Such
"bomb-shelter" laws have been enacted in four states: Iowa, West
Virginia, North Carolina and now Vermont.  The laws are called
"bomb-shelters" because they protect the residents and businesses of the
enacting state from the reaches of UCITA.  Here's how the bomb-shelters
work. 
UCITA is a controversial proposed uniform contract law that sets forth
rules for licensing all kinds of computer information products.  ALA and
the other major U.S. library associations have been working for several
years in a number of state legislatures to oppose the adoption of UCITA,
as fundamentally flawed and unfairly biased in favor of the software and
information industries and against their customers.  (www.ala.org/UCITA)
 Only Virginia and Maryland have passed UCITA. However, many licensors
of computer information products are now attempting to mandate Maryland
and Virginia law and jurisdiction to settle any and all potential
contract disputes.  In other words, anyone - regardless of the state of
residence - who enters into a license agreement (contract) could be
subject to UCITA if the licensor designates Virginia or Maryland in a
choice of law or choice of forum clause. A bomb-shelter law protects the
business users, libraries, educational institutions and consumers of the
enacting state from the unfair implications of such a choice of law or
choice of forum clause.  The law does that by allowing a court of that
state which is called upon to settle a contract dispute to void a
provision that specifies UCITA as the law to be applied or the place
where the dispute must be heard. There is a stand-alone bomb-shelter
bill (SB1622) currently under consideration by the Massachusetts Joint
Committee on Commerce and Labor. A hearing is scheduled for this Monday,
June 2 at 10:30 AM in Room B-2 in the state house in Boston. 



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