ALAWON: American Library Association Washington Office Newsline Volume 11, Number 85 October 25, 2002 In This Issue: UCITA WILL RIDE AGAIN IN 2003 [1] NCCUSL approves new amendments In August 2002, The National Conference of Commissioners of Uniform State Laws (NCCUSL) approved 38 amendments to UCITA. The changes attempt to address criticisms made by libraries and their business and consumer partners as well as the American Bar Association. The changes are described as "substantive" by the UCITA Standby Committee that drafted them. However, when examined closely they actually amount to small changes that in some cases may appear to be real improvements but actually are not. (Go to (www.affect.ucita.com) for an analysis of these amendments in early November) Approval of the amendments at the annual NCCUSL conference followed much controversy among NCCUSL commissioners. A petition drive initiated by several commissioners sought to have UCITA downgraded to a model law, a move that would have withdrawn active NCCUSL support for its passage and been a fatal blow to its legislative future. The petition was withdrawn. It is significant that the controversy around UCITA continues, even within the ranks of NCCUSL. AFFECT, the national coalition opposing UCITA, will continue its active opposition to UCITA in any state where it is introduced and will continue to promote the organization of statewide coalitions. NCCUSL is under enormous pressure to prove that these latest changes have substantively improved UCITA and that it can be a viable act in state legislatures. This pressure will undoubtedly fuel an intense effort, similar to that seen in 2001, to promote UCITA in state legislatures. [2] NCCUSL approves library amendment NCCUSL actually approved a narrow library amendment that permits the transfer or donation of software to public libraries, public elementary or secondary schools and consumers, as long as the software remains in the computer. This change was not one of those proposed by libraries. Although it takes a small step in the right direction, it falls far short of the activities permitted under the first sale provision of federal copyright law and does not apply to all libraries. To view the amendment, go to http://www.law.upenn.edu/. The library amendment is in Sec. 503 (2) (c ) of UCITA. [3] What's still wrong with UCITA? -UCITA still validates terms in "shrink-wrap" and "click-on" contracts that would prohibit libraries from making a fair use of electronic materials, including the copying and archiving of digital products -UCITA still does not require vendors to reveal the terms of the license prior to purchase -UCITA still does not require software publishers to reveal known defects -Although UCITA now prohibits "electronic self-help" in certain situations, it still allows an "automatic restraint" provision that permits licensors to remotely shut down an organization's critical software -UCITA still allows vendors to change the terms of the contract after a purchaser agrees to the terms -UCITA still undermines federal copyright law by allowing vendors to prohibit reverse engineering for the purpose of detecting security holes -UCITA is still fundamentally biased to favor the needs of software publishers to the detriment of businesses, consumers and libraries -UCITA is still overly complex, hard to understand and in need of total revision [4] Are you new to UCITA? Visit the best UCITA websites. www.ala.org/washoff/ucita.html www.affect.ucita.org Save the date for UCITA at ALA Mid-winter The "New" UCITA in 2003: CR/COL Briefing -Sunday January 26, 2003 1:00 - 2:30 p.m. -Monday January 27, 2003 9:00 - 10:30 a. m Joint UCITA Task Force Meeting -Sunday January 26, 2003 10:00 - 11:00 a.m. Comments and questions to: Carol Ashworth UCITA Grassroots Coordinator cashworth@alawash.org ****** ALAWON (ISSN 1069-7799) is a free, irregular publication of the American Library Association Washington Office. All materials subject to copyright by the American Library Association may be reprinted or redistributed for noncommercial purposes with appropriate credits. To subscribe to ALAWON, send the message: subscribe ala-wo [your_firstname] [your_lastname] to listproc@ala.org or go to http://www.ala.org/washoff/alawon. To unsubscribe to ALAWON, send the message: unsubscribe ala-wo to listproc@ala.org. ALAWON archives at http://www.ala.org/washoff/alawon. ALA Washington Office, 1301 Pennsylvania Ave., N.W., Suite 403, Washington, D.C. 20004-1701; phone: 202.628.8410 or 800.941.8478 toll-free; fax: 202.628.8419; e-mail: alawash@alawash.org; Web site: http://www.ala.org/washoff. Executive Director: Emily Sheketoff. Office of Government Relations: Lynne Bradley, Director; Camille Bowman, Mary Costabile, Don Essex, Patrice McDermott and Miriam Nisbet. Office for Information Technology Policy: Rick Weingarten, Director; Jennifer Hendrix, Carrie Russell, Claudette Tennant. ALAWON Editor: Bernadette Murphy.