ALAWON: American Library Association Washington Office Newsline Volume 8, Number 80 August 5, 1999 In this issue: NCCUSL State Commissioners Pass UCITA; Action Now Needed at the State Level On July 29 the National Conference of Commissioners on Uniform State Laws (NCCUSL) state commissioners passed the proposed Uniform Computer Information Transactions Act (UCITA) by a vote of 43-6, despite opposition from library associations, consumer groups, the Federal Trade Commission and others (see ALAWONs from July 16; v8, n69 and July 22; v8, n73). State commissioners now will send UCITA to state legislatures for approval as uniform state law. UCITA would have a negative impact on libraries, consumers, and state educational institutions by allowing vendors to exert greater control over licensing terms in contracts for software and information products. If UCITA is passed, non-negotiable, contract terms could be embedded within "shrink-wrap" or "click-on" mass- market licenses. In addition, license terms could define constraints on the downstream use of information, affecting cultural exchange and scientific research. Copyright law principles and privileges under which the library community currently operates -- such as fair use, preservation and the unhindered use of works in the public domain -- would be threatened by the increased use of mass market licenses. The 1999 Annual Meeting Draft of the Uniform Computer Information Transactions Act is available in WordPerfect, ASCII, PDF and HTML formats at http://www.law.upenn.edu/bll/ulc/ulc_frame.htm The ALA Washington staff will continue to monitor UCITA and provide information and assistance to the library community. We also will rely on the support and guidance of ALA state chapters, state library agencies, and local, state and regional chapters of school library media and academic library chapters to help us respond to this challenge. Action Needed: The decision-making shifts to state legislatures now that the NCCUSL approved the Uniform Computer Information Transactions Act. As this is a setback for libraries, consumers and state educational institutions, it is critical that library supporters contact their state legislators to oppose UCITA. All state library associations, as well as chapters of school library and academic library associations, are strongly encouraged to get involved with this issue in their respective states. Please consult your state library association to identify the appropriate state contacts. Since each state may approach UCITA in a different way, it is important to work through your particular state government system. One good place to start to find out about the UCITA activities in your state would be to contact the office of the State Attorney General. The Message: The Uniform Computer Information Transactions Act -- by proposing that information transactions can be best managed through the use of non-negotiable, mass-market licenses -- is inappropriate for libraries, consumers and state educational institutions. UCITA is a barrier to achieving the following library goals: * Libraries need to be able to purchase materials and contract for access to information on behalf of their patrons; * Libraries need to be able to make materials available on a non- discriminatory basis to patrons; * Libraries need to ensure that there are adequate and appropriate terms and conditions for access on the use of the materials. ****** 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 or go to http://www.ala.org/washoff/alawon. 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. Editor: Lynne E. Bradley; Managing Editor: Deirdre Herman; Contributors: Sally Benson, Mary Costabile, Carol Henderson, Peter Kaplan, Carrie Russell, Saundra Shirley, Claudette Tennant and Rick Weingarten.