Sample Letter and Talking Points

AFFECT has prepared a sample letter and talking points to help you in preparing your letter to your legislators. We encourage you to supplement these messages with examples of how UCITA will personally affect you or your business.

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Letter

On behalf of (name of organization)/ I urge you to oppose (bill #) to
enact the Uniform Computer Information Transactions Act (UCITA).

UCITA is a complex software licensing law that will adversely affect consumers, schools, libraries, business and industry. The only beneficiaries would be very large software developers, publishers and online service providers who will profit at the expense of everyone else. Recent amendments to UCITA have not substantially improved the most problematic areas of the Act.

UCITA remains controversial. The American Bar Association did not approve UCITA in 2003. Over half the state attorneys general, the American Law Institute, commercial and intellectual property law professors, consumer organizations, libraries, large retail, manufacturing and financial businesses and computer software professionals have consistently voiced strong opposition. Only two states have passed UCITA even though almost twenty have considered or introduced it.

UCITA tips the scales in favor of software licensors by permitting a broad range of terms that are detrimental to consumer and business end users of software. This imbalance is particularly problematic with non-negotiable licenses that are so common in mass-market computer information products.

UCITA's scope is so broad that it will impact every facet of commerce and
would cost consumers, business and industry billions of dollars.

UCITA negates traditional consumer protections governing warranties and disclosure of terms.

UCITA poses security risks because it still allows licensors to install code that enables them to remotely monitor and shut down the software, making a system vulnerable to hackers.

UCITA will likely result in increased costs for testing, security, asset management, legal and contract negotiations.

UCITA allows vendors to offer software with known defects without disclosing them to the customer.

UCITA allows licensors to insert terms in "shrink-wrap" and "click-on" licenses that prohibit libraries from performing their basic mission: lending, archiving and preserving electronic materials.

We urge you to vote no to (bill#) UCITA.

Talking Points

· UCITA is a complex software licensing law that will adversely affect consumers, schools, libraries, business and industry. The only beneficiaries would be very large software developers, publishers and online service providers who will profit at the expense of everyone else. Recent amendments to UCITA have not substantially improved the most problematic areas of the Act.

· UCITA remains controversial. It has been criticized by state attorneys general, an American Bar Association working group, the American Law Institute, commercial and intellectual property law professors, consumer organizations, libraries, large retail, manufacturing and financial businesses and computer software professionals. Only two states have passed UCITA since 1999 even though almost twenty have considered or introduced it.

· UCITA reflects an inherent bias in favor of software publishers that is damaging to American business, consumers, libraries and the quality of software itself.

· UCITA allows vendors to hide terms of license agreements until after the purchaser has already paid for the software and started to install it.

· UCITA will undermine consumer and privacy protections by changing the rules for the purchase and use of computer software and information products.

· UCITA will likely result in increased costs for testing, security, asset management, legal and contract negotiation costs.

· UCITA allows vendors to offer software with known defects without disclosing them to the customer.

· UCITA permits the use of "automatic restraint" in certain situations to allow remote shutdown of critical systems, leading to potential threats to the security and privacy of licensees and their customers.

· UCITA allows a licensor to prohibit the licensee's transfer of software in the event of a merger or acquisition, which could greatly -and negatively-impact businesses.

· UCITA allows licensors to insert terms in "shrink-wrap" and "click-on" licenses that prohibit activities already permitted under federal copyright law: reverse engineering to detect security holes and other defects, fair use of electronic materials in libraries and educational institutions, privately performing works without additional payment and making copies for archiving and preservation.

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