Vol. 28 No. 3 Nov/Dec 2000

UCITA News

The Arroyo Seco Library Network (ASLN) sponsored local sites for the December 13, 2000 videoconference on the Uniform Computer Information Transactions Act (UCITA). This videoconference was a joint effort of the Association of Research Libraries, Association of Law Libraries, Special Libraries Association, American Library Association and the Medical Libraries Association.

UCITA was developed by the National Conference of Commissioners on Uniform State Laws (NCCUSL) as model state contract law to regulate transactions in intangible goods such as computer software, online databases and other information products in digital form. After the NCCUSL ratifies a proposed model, the model law is send to the state legislatures for adoption. State legislatures in Maryland, Virginia, and Delaware have already considered UCITA.

The videoconference covered "What is UCITA?" "Why do we care?" and advocacy experiences by librarians in Maryland, Virginia and Delaware.

Information about the videoconference and ordering information for the conference videotape is available at http://www.arl.org/ucita.html. Participants material is available as a PDF file at http://www.arl.org/handbook.pdf. Participants were asked to read one of the following brief descriptions of UCITA and its implications before the teleconference:

References

http://www.arl.org/info/frn/copy/ucita101.html UCITA 101 What You Should Know About the Uniform Computer Information Transactions Act, American Library Association (ALA)

http://www.arl.org/info/frn/copy/ucitasum.html UCITA: Summary and Implications for Libraries and Higher Education, Association of Research Libraries (ARL)

http://www.arl.org/ucita_neal.pdf The Fight Against UCITA, James G. Neal (PDF format)

Why do California librarians need to start educating themselves about UCITA? The draft law has not yet been introduced as a bill in the State legislature. However, UCITA was enacted in Maryland and in Virginia. It is now in effect in Maryland and will become effective in Virginia on July 1, 2001. This can affect librarians in California when licensing software or electronic information and the license calls for Maryland (or Virginia) law to be applicable. Rights available through purchase or copyright law may be restricted or eliminated under a license that follows the UCITA law/model. Use is not the same as ownership. Expect to spend more time negotiating licenses and reading (not skipping)

shrinkwrap and click-through licenses.

Two areas impacted by UCITA are shrinkwrap licenses and reverse engineering of software. UCITA covers mass market shrinkwrap software licenses and click-through licenses, and specific one-on-one contracts. UCITA validates the use of shrink wrap and "click-on" licenses as legally binding agreements. Since computer information is defined as "information in electronic form which is obtained from or through the use of a computer..." and includes "any documentation or package associated with the copy" UCITA can govern the use of printed material accompanying the electronic information; for example if UCITA governs the use of the CD ROM which accompanies a book, then the book also may be restricted to UCITA provisions. A license may not allow the loaning of CD ROMS (and accompanying texts) to library users. UCITA represents a shift away from copyright law to contract law. The rights and

statutory exemptions available under copyright law, e.g. fair use, reproductions for classroom use, reservation, and interlibrary loan are likely to be prohibited through contract language enforceable as a result of UCITA. Those processing acquisitions of software, cd-roms, and other shrink wrapped materials will have to look carefully for license terms that may be included in the packaging. Staff who load new software or databases to the library system to understand terms included in "click-on" agreements

and the implications for library services. Technical support staff also will need to realize that UCITA may prevent reverse engineering which may be needed to debug a program or develop interoperable products.

Resources for more information including other areas impacted by UCITA are:

http://www.ala.org/washoff/ucita/index.html UCITA index -- from the American Library Association's Washington Office

http://www.law.upenn.edu/bll/ulc/ucita/ucitaFinal00.htm UCITA, Final Act With Comments, September 29, 2000 - includes the last revisions by NCCUSL.

http://www.4cite.org AFFECT -- Americans For Fair Electronic Commerce Transactions is the new name for 4CITE, an organization dedicated to lobbying against UCITA

http://www.arl.org/info/frn/copy/agoppltr.html Letter signed by 24 state Attorneys General, opposing UCITA

http://www.ucitaonline.com/ presented by Carol A. Kunze, a lawyer focused on legislative and policy work relating to software and ecommerce.

Ann Coppin

South State Cooperative Library System,