ALAWON: American Library Association Washington Office Newsline
Volume 8, Number 69
July 16, 1999

In this issue:

Action Needed: Ask Your State Commissioners to Oppose the Uniform 
Computer Information Transactions Act (UCITA) 

At its annual meeting in Denver, CO on July 23-29, the National 
Council of Commissioners on Uniform State Laws (NCCUSL) will vote 
on the Uniform Computer Information Transactions Act (UCITA). 
UCITA is a proposed "uniform law" designed to establish 
regulations for computer information transactions that will apply 
from state to state once ratified by state legislatures.  (Note: 
UCITA used to be known as Article 2B, or UCC2B of the Uniform 
Commercial Code).  

The original intent of UCITA was to address proposed software 
industry concerns regarding the licensing of software products.  
However, UCITA has a broader and more sweeping impact that will 
affect libraries since it extends to nearly all "transactions of 
information," and represents a movement toward the licensing of 
information in all forms over the sale of copies as traditionally 
understood under copyright law.   

UCITA also would establish that "click on" and "shrink wrap" 
licenses, which may include terms that inappropriately limit the 
use by the purchaser or user, are legally binding and non-
negotiable. Such terms could include limits on fair use, 
regardless of the circumstances under which fair use would 
normally be exercised. 

ACTION NEEDED: 
ALAWON readers are asked to contact their individual state NCCUSL 
commissioners quickly and request that UCITA be tabled until 
library and consumer concerns are addressed.  Remind them that 
consensus has not yet been reached and it would be premature to 
pass UCITA on to individual states for ratification to state law.

See the ALA Washington Web site 
(http://www.ala.org/washoff/ucita.html) for information on how to 
contact your state commissioners.  Additional information is 
posted as well as a model letter for your use. We also encourage 
you to send a copy of your letter to your commissioners in care of 
the hotel where they will be holding their annual meeting, June 
23-30th.  The address is:  Hyatt Regency Tech C, 7800 East Tufts 
Ave., Denver, CO 80237.

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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.  Editor: Lynne E. Bradley; 
Managing Editor: Deirdre Herman; Contributors:  Mary Costabile, 
Carol Henderson, Peter Kaplan, Carrie Russell, Claudette Tennant 
and Rick Weingarten.