ALAWON: American Library Association Washington Office Newsline
Volume 11, Number 6
February 8, 2002

American Bar Association report recommends redrafting UCITA

On January 30, 2001, the American Bar Association (ABA) working group (assigned to review the Uniform Computer Information Transactions Act (UCITA) last fall) issued a report that recommends that "UCITA should be redrafted to make it easier to understand and use." This first and welcome recommendation is followed by 16 others that relate to many of the contentious issues that have plagued UCITA.  However, there is one disappointing reference to library concerns. "...it might be helpful to add a Comment ... to the effect that UCITA is not the appropriate place for the interpretation of federal copyright law." This statement echoes the position repeatedly taken by the drafters of UCITA and promises no assistance if UCITA is further debated in state legislatures. 

The report fell just short of representing the consensus of the working group of nine ABA lawyers who participated in the review process. One group member added a strongly-worded minority report that took issue with the committee's recommendations. In his dissenting remarks, Donald Cohn states, ""I know of no way that the report can be read other than to require a rewrite of UCITA to simplify it and to change many of the policy decisions embedded in it as a quid pro quo for favorable ABA action."

The  report was requested by the president and Board of Governors of the ABA. At this point, they must review it and decide how and when to proceed.  Lacking any official vote on UCITA from the ABA, opponents of UCITA can draw on the first of the report's recommendations that advises redrafting and cautions that the ambiguity inherent in UCITA will only increase the likelihood of litigation  as licensors and licensees seek clarification about its application to computer information transactions. 

The text of the ABA report can be found at www.abanet.org/leadership/ucita.pdf. 



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