[NTLUG:Discuss] UCITA ACTION ALERT. DO NOT REDISTRIBUTE AFTER APR 2

Sun Mar 25 17:10:29 CST 2001

UNIFORM COMPUTER INFORMATION TRANSACTION ACT ACTION ALERT
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The Austin Cyperpunks For For immediate release: Mar 25, 2001

IMMEDIATE ACTION ALERT, Mar 25, 2001
DO NOT REDISTRIBUTE after Apr 2, 2001

CONTACT KEY STATE SENATORS TO OPPOSE UNIFORM COMPUTER INFORMATION
TRANSACTION ACT

Please distribute widely to all APPROPRIATE texas forums, no later
than Apr. 2, 2001.

SUMMARY:

* Latest News:
Action on UCITA bill has been delayed. Activity in Senate Business
and Commerce Committee is expected first.

* What You Can Do Now:
Contact the members of the Senate Business and Commerce Committee
to oppose the bill.

_________________________________________________________________

THE LATEST NEWS

The UCITA bill has come to Texas as H.B. 1785 and S.B. 709.  The bill
will hurt software consumers by creating a revolution in computer
contract law. It will reduce competition and handicap Free and/or Open
Source Software. The bill re-characterizes the software deal as
"licenses" rather than sales of copies. It allows the terms of
"clickwrap" and "shrinkwrap" licenses to be withheld until after
purchase. Its provisions disadvantage individuals and small business
wishing to purchase software. It reduces competition by allowing
reverse engineering to be outlawed by "clickwrap" or "shrinkwrap"
contracts. And redefines the meaning of the term "conspicuous" as it
is currently used in contract law.  And allows the vendor to select
the ruling law.  It may expose the authors of Free and/or Open Source
software (such as Linux) to unintended liabilities.

For more information contact the Fight UCITA in Texas! Web page at:
http://einstein.ssz.com/ucita/index.html

_________________________________________________________________
IMMEDIATE ACTION TO TAKE

Write your state representative and senator as well as the following
members of the Senate Business and Commerce Committee opposing the
bill:

The Honorable John Carona 
P.O. Box 12068 
Capitol Station 
Austin, Texas 78711 
(512) 463-0116 

The Honorable David Sibley 
P.O. Box 12068 
Capitol Station Austin,
Texas 78711 
(512) 463-0122

The Honorable Troy Fraser 
P.O. Box 12068 
Capitol Station 
Austin, Texas 78711 
(512) 463-0124

The Honorable Mike Jackson 
P.O. Box 12068 
Capitol Station 
Austin, Texas 78711 
(512) 463-0111 
fax: (512) 475-3727 

The Honorable Eddie Lucio, Jr. 
P.O. Box 12068 
Capitol Station 
Austin, Texas 78711 
(512) 463-0127 
fax: (512) 463-0061

The Honorable Eliot Shapleigh 
P.O. Box 12068 
Capitol Station 
Austin, Texas 78711 
(512) 463-0129 

The Honorable Leticia R. Van de Putte 
P.O. Box 12068 
Capitol Station 
Austin, Texas 78711 
(512) 463-0126 

Also you may want to also contact the members of the House
Business & Industry committee.

Rep. Kim Brimer
Capitol Address:     
Room CAP 4N.08 
Austin, TX 78701
(512) 463-0632 

Rep. Dawnna Dukes
Capitol Address:     
Room EXT E2.808 
Austin, TX 78701
(512) 463-0506 

Rep. Frank Corte
Capitol Address:     
Room EXT E2.408 
Austin, TX 78701
(512) 463-0646 

Rep. John Davis
Capitol Address:     
Room E2.412, Capitol Extension
Austin, TX 
(512) 463-0734

Rep. Gary Elkins
Capitol Address:     
Room EXT E1.316 
Austin, TX 78701
(512) 463-0722 

Rep. Kenn George
Capitol Address:     
Room EXT E1.412 
Austin, TX 78701

Rep. Helen Giddings
Capitol Address:     
Room E2.708, Capitol Extension
Austin, TX 78701
(512) 463-0953

Rep. Burt R. Solomons
Capitol Address:     
Room EXT E1.220 
Austin, TX 78701
(512) 463-0478 

Rep. Beverly Woolley
Capitol Address:     
Room EXT E1.324 
Austin, TX 78701
(512) 463-0696 

Anti UCITA SAMPLE letter. DO NOT COPY VERBAITIUM, but rewrite
in your own words.

DO NOT COPY WORD FOR WORD!

EXPRESS IN YOUR OWN WORDS.

Dear <Honorific> <LASTName>;

As a concerned software user in Texas, I am writing to ask that you
vote AGAINST [ H.B. 1785 = S.B. 709 ], the Texas Uniform Computer
Information Transactions Act ("UCITA"). UCITA was introduced by
Senator Carona and Representative Turner on 02/15/2001 and 02/20/2001.

The bill allows so-called "shrinkwrap" or "clickwrap"
contracts. Second it recharacterizes the software deal as "licenses"
rather than sales of copies. It does this to the total disadvantage of
the software users or "licensee". Because it is a total rewrite of
existing law concerning the software "deal", it is impossible to
predict all of the negative effects. The negative effect on software
consumers is totally integrated into the UCITA bill in a way that can
not be fixed by amendments. This bill should be flushed rather than
amendended. Furthermore since it is proposed as a uniform bill for all
the states, the bill's proponents will probably oppose any of the extensive
amendments necessary to remove the bill's pervasive anti-consumer effects.

The bill allows the terms of a software deal to be made known after
the contract is made! This is outrageous!

Most of the negative consequences of this bill are not found directly
in the text, but are a result of these contracts written for and by the
software sellers that consumers do not understand. Under existing law,
judges commonly disallow some of these negative consequences -- But
not so under the UCITA bill.

some of the problems are:

UCITA allows restrictions on use to be revealed after purchase.

UCITA allows software publishers to change the terms of the contract
after purchase.

UCITA allows software vendors to 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.

UCITA allows terms that may severely limit the use of the product.

UCITA allows restrictions that prohibit users from criticizing or
publicly commenting on software they purchased.

UCITA allows software publishers to legally track and collect
confidential information about personal and business activities of
licensees.

UCITA allows software and information products to contain "back door"
entrances, potentially making users' systems vulnerable to
infiltration by unauthorized hackers.

Software companies could knowingly ship defective products.

UCITA allows software publishers to deny both large and small
businesses many of the current warranty protections they have under
present law.

UCITA allows software publishers to sell their products "as is" and to
disclaim liability for product shortcomings. Imagine buying a
refrigerator or stove where the producer does not guarantee that the
product will work correctly.

If the consumer wants to sue over a defective product, UCITA allows
the software publisher to restrict legal action to a specific
jurisdiction -- a particular county, state or even a different
country.

UCITA would allow software to be disabled without notification.

UCITA allows software publishers to shut down mission critical
software remotely without court approval and without incurring
liability for the foreseeable harm caused.

UCITA allows 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.

UCITA allows software publishers to remove their product, simply
because usage fees arrive late.

UCITA puts consumers at the mercy of software publishers to
"blackmail" users for more fees by their un-hindered ability to disable
or remove their product for unspecified "license violations."

It is not clear how UCITA will effect FREE or OPEN SOURCE software.
It may expose the authors of such software to additional liabilities
with no practical way to disclaim.

It would limit competition by allowing reverse engineering (Even to
design a product that can inter-operate with an existing product.)
Reverse engineering is often necessary to verify the security of a
product.

The American Library association has documented problems for libraries.

Thank you for considering opposing this bill.

Sincerely Yours,
-- 
Paul Elliott                       1(512)837-9345 1(512)837-1096
pelliott at io.com                    PMB 181, 11900 Metric Blvd Suite J
http://www.io.com/~pelliott/pme/   Austin TX 78758-3117