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The Courts Government News

Push Underway For Languishing UCITA 79

mojotoad writes: "Efforts have currently be redoubled to push UCITA through up to 10 states by the end of the year, according to an article on law.com. Apparently, the bill has been "languishing" in state legistlatures. My favorite quote: 'There is a natural euphoria whenever you draft a bill like UCITA,' says Daniel Duncan, executive director of the Digital Commerce Coalition. 'We thought, "We'll take it to the states and they'll see the wisdom of our work."' Time to redouble your effort to thwart this beast. Contact your congressman."
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Push Underway For Languishing UCITA

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  • by Anonymous Coward
    Efforts have currently be redoubled to push UCITA through up to 10 states by the end of the year

    Cool, multi-state processing.

  • "Pullen wants software companies to be held liable for damages for security breaks resulting from the backdoor technology -- as well as damages from known glitches in software."
    People will think twice before putting out software now *cough* MS *cough*.
  • This is ridiculous. Software companies will do anything to avoid releasing products that actually work.

    If I buy a piece of software, I might accept the odd bug, especially if bug lists are available, but there's too much shoddy software that appears to have had about 3 minutes testing by a blind guy with no keyboard.

  • by Anonymous Coward on Friday October 27, 2000 @12:59AM (#671696)

    How is it that Americans constantly proclaim their amazingly free society when totalitarian legislation like this can become law? It blatently tramples over all kinds of Constitutional rights, precedents established in courts and the general moral principles claimed by Americans in political arguments.

    Until you stop letting your Government using the Constitution as novelty toilet paper, your hysterical rantings about the "land of the free" are nothing more naive, foolish posturings.

  • Is the "Departament of Justice" topic ONLY related to U.S. stories, so i can check-it to not be displayed ? Or is not and in this case this article should be posted under other topic...

    I want to be able to customize the /. page so i can read only news for the nerd in me and stuff that matters for me and everyone to be happy.

    --
  • Those poor software corporations are struggling to make huge profits out of their respective monopolies. Fortunatley we have UCITA. People keep pirating them, or even worse, writing software that performs the same function therefore circumventing exisiting copyright laws. This must be stopped. Before long, we'll have clones of Office, and Photoshop, and MS and Adboe will be unable to stop them.
  • by SurrealKnife ( 245528 ) on Friday October 27, 2000 @01:04AM (#671699) Homepage
    The computer industry has to be the only one where weekly downtime is expected and accepted, where the industry-standard software for end users is hated by everyone, and where a product that dosen't work can't be taken back to the shop (Oh no mate, you've opened the shrinkwrap - can't take that back now...)

    This should have been the bill that would put an end to a lot of this, but no:

    while software companies should provide reliable goods, they shouldn't have to bear potentially enormous risks associated with the use of their products.

    "How many companies are there who would undertake that risk?" Kupferschmid asks. "No one would. It's just too great."

    So: The industry knows that its software can cause enormous problems, and yet does not want to take responsibility for them. If a building contractor were to say that, they would be slapped down!

    Now instead of a law which would finally force companies to take responsibility for their software and actions, we have one which will instead give them more opportunity to prevent us from doing anything about it. How long before license agreements prevent the dicussion of bugs found in the program? It could be done!

  • by CritterNYC ( 190163 ) on Friday October 27, 2000 @01:11AM (#671700) Homepage
    Don't just contact your congressman [house.gov] or senator [senate.gov], contact your local legislative representatives. Local representatives respond (usually) to pressure from their constituents. The best thing to do is to write a letter. Followed by calling them up. And last (and least) drop them an email message. Find your local representatives at the Nationcal Conference of State Legislatures [ncsl.org] site. Or try one of these other two directories: here [primenet.com] and here [namic.org].

    Some day I hope to have a .plan.
  • Basically people who have been hurt by faulty MS software can argue that because they had no choice of what OS when they bought their system they were under durest. This may play into the hands of Linux making it more of viable alternative...lets hope that some day in the not so distant future you'll be forced to pick an OS with EVERY system unless of course you load your own. Or perhaps making the consumer load all their own software instead of oem cd's doing 90% for you and thus loading software which may or maynot be flawed.
  • Trying to restrict the consumers rights, is not necessarily a long term gain for the big software corporations.
    When they go TOO far, people may start realizing that they have no choice but to use Free Software.
    This may end up backfiring big time, because of a shortsighted hunt for profit.
  • ...Your state legislature and/or governor, not congressman? I'm not an American, but since this is at the state level, I wouldn't think congress would have much to do with it... Or are there state-level congresses too?


    -RickHunter
  • Sorry if this is a bit off topic, but I have never seen it discussed on /. ...

    How will the UCITA affect shrink-wrap agreements in other countries? I live in Canada, and I really do not see how a law passed in congress (or wherever ;) ) can apply to me. Are there international agreements which would allow the US to enforce this law abroad?



    ---There is no spoon....---
  • I think a good move is to start writing to companies in those states where this stupid legislation has a risk of going through, telling them that, while you think the company produces excellent hardware/software/whatever, you cannot do business with them, because you cannot risk anything when your consumer rights has been taken away. Now, if companies start getting floods of letters saying that UCITA is bad for their business, they might get the point, because UCITA is clearly bad for business, in the long run. When companies starts to write their representatives opposing UCITA, then, things might happen.
  • by hiryuu ( 125210 ) on Friday October 27, 2000 @02:29AM (#671706)
    Until you stop letting your Government using the Constitution as novelty toilet paper, your hysterical rantings about the "land of the free" are nothing more naive, foolish posturings.

    At the risk of sounding like Katz...

    It happens because America is a land of consumers, not citizens. Anything that doesn't specifically enable us to dole out more money for goods and services (to the benefit of corporate interests everywhere) is effectively deemed unnecessary, and anything (such as personal rights) that hinders market reach, share values, and profitability is a threat to be removed or otherwise addressed.

    And it's not just that we're being forced into such a position - we're accepting it, settling into it nearly wholeheartedly. (A minority of eligible voters even bothered showing up [fec.gov] to vote in the last presidential election, and it gets even worse [fec.gov] during years when we're not voting on that office.)

    Point and jeer all you want - we earned it.

  • What can we do?
  • if it passes, software companies will push other countries to pass similar laws, or 'stop selling them software.' of course they really wouldn't stop selling software. they would just stop selling complete crap that is pushed out too fast
  • its the economy stupid
    there is a balance between protecting people's rights as citizens and the bottom line of american corporations and their stock price.
  • well rather than flame you for not being american i guess i can just respond like a rational human being. yes there are state level congresses, with state senators and governors representing 'districts' or whatever. it is the state legislature. the governor really wouldn't be that useful, they are almost always supporters of 'business', since they are prime targets for lobbyists. they don't have the power of the federal government to refuse to bow to pressures, and don't really have 'constituents' to respond to.
  • We could actively sell ourselves to the State, like in .eu-land. Let's all smugly talk about our piss-poor "free" health care, our environmentally friendly $4/gallon fuel prices, and our "fair" 18% sales tax.

    Meanwhile, people argue about the color of the wallpaper in their cells.

  • Meanwhile, people argue about the color of the wallpaper in their cells.

    I hear Central Services has lots of fancy new colors of ducts!
    ___

  • We could actively sell ourselves to the State, like in .eu-land.

    Didn't say we had it better or worse, just that I think it sucks. We're all getting screwed, just in different ways - no sense getting into a pissing contest on who's getting the raw-er deal.

  • there is a balance between protecting people's rights as citizens and the bottom line of american corporations and their stock price.

    Oh, B-freakin'-S. There is no balance - not in existence, and not governmentally guaranteed. Where in the Constitution or Bill of Rights is a "right to profitability," "right to shareholder confidence," "right to protection of business model," etc.?

    I don't buy the "economy" excuse, either. During good times, people often justify lackluster voter turnout on a general contentedness/apathy of the public, since said public is happy with what's going on. During less-than-good-times, voter turnout still doesn't typically improve [fec.gov], despite the logic of economy justification that would indicate the public wants improvement. (And if the first held, and the economy had all that much to do with it, then neglecting oil prices, why is Dubya getting all that much consideration? By the logic of the first, we'd leave a Democrat in the office.)

  • What we really need is software vendors becoming liable for the economic impact of software faults.
  • I've said this before (thereby making this a redundant post I suppose).

    The way do deal with this is to start behaving like other industries:
    Auto makers don't slap a disclaimer on their products - they slap a warranty on them.
    Home builders don't slap a disclaimer on their products - they slap a warranty on them.
    Computer makers don't slap a disclaimer on their products - they slap a warranty on them.

    As soon as a few software makers start replacing disclaimers with warranties then consumers will start demanding them.

  • Before long, we'll have clones of Office, and Photoshop, and MS and Adboe will be unable to stop them.

    It'll be even sooner, now that someone hacked MS and copied their source code.

  • Does this mean that I can put out a blank disk, claiming to have a really cool game, but it just be a few lines of java,... but when smacking a shrinkwrap on it, claim no warranty, and be covered by the UCITA?

    In order for laws to be passed, they need to be taken to their extremes, and then tested. Enough with this intent and legal interpretation shit.

  • by Veteran ( 203989 ) on Friday October 27, 2000 @04:01AM (#671719)
    One thing about the sort of people who push things like UCITA - they are relentless. No matter how many times they are beaten they keep coming back. They want to win by exhaustion. If they get voted down 90 to 10 they don't let that stop them. Why? Because they know that if they keep coming back eventually the opposition will get tired of knocking them down.

    If saner minds prevail, and UCITA is defeated in a few states it will not stop them . We have to understand this and be just as resolute and relentless as our opponents. We also can't give in in the states where UCITA has passed. We have to keep working to get those laws repealed.

    "The price of liberty is eternal vigilance." That is what that phrase means. Fighting these people is a lot like mankind's fight with the cockroach - it will never be won - but you have to keep fighting. Set yourself mentally for the fact that you are in a fight that will last your lifetime. We might win battles, but the war will never end.

  • by b0z ( 191086 ) on Friday October 27, 2000 @04:13AM (#671720) Homepage Journal
    How is it that Americans constantly proclaim their amazingly free society when totalitarian legislation like this can become law?

    We were a lot more free in some ways in the past. Of course, there have always been stupid things going on, while white males were more free 150 years ago, women were considered 2nd class people, and native americans and black people were considered to be animals. We are also more free than some other countries right now. We are not being run over by tanks for protesting, our police don't kill us as often as the police in some other countries do, although it is getting worse here. And, for the most part we still have some of our rights given to us by the constitution, but that list is getting shorter.

    The problem is that most Americans that think we are free do so because their heads are stuck in the past. They don't see what our government has become and how they are getting worse. They don't see that rather than having concerned citizens who are willing to protect the things important to them, we are mostly "consumers" who only care to get what we want to feel good or have fun for a little while. It's not that there are not good people out there, but that the majority only cares about themselves as an individual. That's why most parents are ok with having both the mother and father work 10 hours a day, then come home in time to ship their kids off to soccer practice so they don't have to deal with them. People don't care in the U.S. about anything other than getting more money and more things. We have been converted to a consumer country. Everything is about money, and nothing is about what is good or bad.

    I am very fond of how this country was started, and that my life is not in danger as it would be if someone with my attitude were living in China, but that doesn't make the U.S. any less wrong than it is now. I don't know where it all went wrong, but as it currently is, I hate the U.S. but don't know any free place to move to.

  • It's a state-level law anyway, so going to the Federal government is the wrong thing to do.

    Find your state representitives. Many of them are up for election this year, so you don't have much excuse for (well, after the first Tuesday in November) not knowing who they are!

    Jeff

  • I submitted this as a story in its' own right last night (rejected) - anybody think this is a rather significant question in relation the position /. (and the open source movement as a whole) takes on the UCITA?

    >>>>What is the story here - /. is leading voice of the Open Source movement and chief critic of the UCITA. Learned representatives of the Linux movement (as excerpted from Technology Daily below) seem to feel the two positions are incompatible? Who's right?

    Consumer groups' opposition to current software licensing practices -- and to the Uniform Computer Information Transaction Act (UCITA), which is strongly supported by software manufacturers -- could have the unintended effect of threatening the existence of open source software, an attorney for companies and organizations that develop free software said Thursday.
    Speaking at a Federal Trade Commission workshop at which consumer groups and technology companies aired their views of UCITA and its impact of software licenses and warranties, attorney Carol Kunze said the open source and free software movements were extremely concerned about restrictions on their ability to license their programs.
    "Licensing is critical, and the ability to embed the license in the product is critical," said Kunze -- who represents Red Hat, TurboLinux, and other companies and groups who create open source software, or free software, that is available for download and redistribution.
    Although most of the consumer groups' complaints are directed at software companies that license software for a fee and require individuals to accept the terms of the license before they make a purchase, the dispute over licenses opens a new conflict between consumer groups and the open source movement. Kunze said that open software companies would be wiped out if they had to provide warranties about the software they distribute.
    In particular, Kunze criticized a proposal that the Consumer Federation of America made to the FTC prior to the conference that software companies sell rather than license their wares. She expressed concern that this would subject software-makers to the 1975 Magnuson-Moss Warranty Act -- which requires that companies certify the reliability of their product before they sell it.
    "Magnuson-Moss applies to the sale of consumer goods," said Kunze. "What we do is license. We are worried that people are arguing that it should apply."
    She added: "Because the software is free, there are no license fees to support a warranty. If free software makers lose the right to disclaim all warranties and find themselves getting sued over the performance of the programs they've written, they will stop contributing free software to the world."
    But Jonathan Band, an attorney at Morrison and Forester who represents technology companies that seek to develop interoperable systems, said that Kunze's defense of licensing was overwrought. "It is a given that people are going to license software," Band said. "Given that, the question is whether there certain terms that should be prohibited in licenses."

  • by elbuddha ( 148737 ) on Friday October 27, 2000 @04:17AM (#671723)

    I also am from Virginia. Yes, the UCITA legislation has passed. HoweverThere was also a resolution [state.va.us] passed that the Joint Commission on Technology and Science would study the impact of the legislation and report back to the General Assembly by December 1, 2000. Furthermore, the UCITA legislation is not set to take effect until July 1, 2001.
    It is not too late.

    Write to your state senators and representatives (not your federal congressional representatives, but the ones that represent you in the state legislature - which you can find here [206.246.254.9] - although it probably couldn't hurt to write to everyone in the state legislature if you are motivated to do so). Refer to the Uniform Computer Informations Transactions Act, or SB372 (from 2000 legistlative session) or CHAP996 (the actual additions to the Code of Virginia). Explain to them nicely, coherently, and concisely why UCITA is bad for Virginia, its citizens, and even its businesses. Point out how the other states have been unwilling to adopt UCITA and why.

    UCITA can still be repealed in Virginia. Now is also the time to redouble our efforts towards that goal.
  • ...while software companies should provide reliable goods, they shouldn't have to bear potentially enormous risks associated with the use of their products.

    Translation: Sofware shouldn't have holes, but but it does, and people still buy it, so they wait until someone else finds the hole before they fix it.

    I guess this also means that no one has already tried to sue a company because their crappy product killed their system, and thus cost them loads of time and money. I'd love to see somebody sue MS for allowing something like Mellisa, or I Love You to cripple their company.

    IMHO people take no pride in their work. If they actually cared, and didn't have the marketing dept pushing the product out the door, then this wouldn't even be an issue. OSS all the way.

  • I don't get it.

    How would the corporations be affected differently by UCITA?

  • by Anonymous Coward
    I'm gathering you've never even looked at the actual UCITA legislation. UCITA is state contract law and has little to do with Constitutional rights or moral principles.

    Certain license terms infringe on your rights but those are unenforceable with or without UCITA. Those issues are dealt with in a completely different jurisdiction of law ... mostly at the Federal level.

    Without question, UCITA has its problems but rants like this don't help. Read the law. Find the problems. Suggest how to fix it.
  • What happens the first time Red Hat (for example) gets sued for something like their update daemon? What if one of the *BSD gets sued because of a unknown security lapse? If a company is responsible for all the code it ships, does this mean Caldera is respinsible if there's a bug in xbill? Is Debian responsible for bugs in their unstable release? If I can't install SuSE on my laptop, should they fly someone out here to install it for me?

    It's all nice and good to say that companeis should stand behind their products and provide a warranty, but also look at how that will affect the companies you *do* care about.
  • Given the number of pro-gun replies my post recieved, this seems to be a logical conclusion, that the mojority of Geeks in the US are Right Wing Gun owners. This would also seem to be a contridiction though, as most Geeks on Slashdot are also Open Source advocates. As Open Source is by it's very nature, a Socialist, Left Wing ideal, how can so many Geeks also be Right Wing?

    This whole post is based on false assumptions. The excerpt above is the closest you come to actually stating them.

    Owning a gun does not make someone "right wing." Traditional liberalism is about personal liberties, and the right to keep and bear arms is the lynchpin of all other personal liberties. The right to keep and bear arms was historically the product of the radical left, and many of it's strongest champions hark from that point of view. Elitism tends toward the view that only a few should be allowed the privelige of arms, it is egalitarianism (historically a "left" or "liberal" position) that leads to the view that everyone has the right to arm and if necessary defend themselves.

    Free Software, and, to a lesser degree, Open Source, are also coherent expressions of an egalitarian perspective, that believes not just some select elite, but everyone, should have the ability to learn from, and modify, the programming of their computers. These are actually very similar positions.

    Now to get back to the topic of the article, one must ask oneself whether UCITA is an expression of the sort of egalitarian worldview that produced the RKBA and Free Software, or of the right-wing elitism that holds that the people cannot be trusted with weapons or with source code? I must submit that it is an expression of the latter, and furthermore it is blatant rent-seeking, an attempt by big business to gain power over their customers by act of legislature. Those of use that believe in the RKBA and Free Software should therefore also oppose UCITA strongly and vocally. Call your state representatives people. Call or write, dead-tree mail, not email, and let them know you are a registered voter in their district, why you don't want UCITA to pass, and that you WILL be looking at how they vote when it comes up.

  • by jjr ( 6873 ) on Friday October 27, 2000 @05:05AM (#671729) Homepage
    UCITA was passed by Virginia and Maryland last
    year, but only Maryland has enacted the law.
    Virginia is still holding hearings on UCITA,
    which is scheduled to become law in July 2001.

    The bill will be up for review this year in Delaware, Hawaii,
    Illinois, Iowa, New Jersey, and Oklahoma.


  • The "amazingly free society" does not guarantee that bonehead laws won't pass, but it does guarantee that we'll get the chance to fight them before, during, and after their passage.

    Eternal vigilance, man.

    zo.

  • They've run a anti-UCITA editorial in almost every
    issue the past two years. (To the point where my
    eyes glaze over when I see the word.) If I believe
    half the stuff they claim, it sounds like the
    end of the software industry.
  • by Millennium ( 2451 ) on Friday October 27, 2000 @05:14AM (#671732)
    that governments are seldom more than corporate shills anymore, and nowhere more than in the US.

    I like this bit: "if software companies are liable for glitches, it will stifle innovation." I say good; far better that our technology is reliable, rather than just being The New k-r@D l33t $7uPh Microsoft and its ilk try to push on us on a yearly basis.

    Of course, there needs to be a law out there forbidding any software license (or any other IP license for that matter) from prohibiting activities defined as fair use. No more of this presumption-of-guilt crap from IP-based businesses who see someone copying a DVD to his hard drive and assuming he's going to pirate it. Come to think of it, I've often wondered if fair use should be formally defined; anyone have a take on that?
    ----------
  • "We have done a fair amount of public education. Maybe it hasn't been as effective as we would have liked."
    "We have spent alot on propaganda. Maybe the people who we are trying to brainwash arent fucking idiots."

  • What is wrong with Infoworld's claims?
  • Just a couple of thought here:

    1. Don't write your congressman:Because this is a uniform set of proposed state laws, your congressional rep in DC can't do much about it. Instead, contact your representatives in your state legislatures.

    2. The software manufacturers want the best of both worlds:There has been a debate in recent years about whether software constitutes a product or a service. In broad terms, vendors selling a product are more accountable to consumers than those selling a service. UCITA sounds like an attempt by corporate giants to treat their software as a product, while still maintaining the lower liability thresholds associated with a service. It really sucks.

      Here's an idea...Let's get UCITA ammended. Software makers could have a choice: either (a) open source your software under GPL and enjoy the limited liability associated with a service, or (b) put out a closed source product and be held accountable. That might just cause some vendors to make better software...

  • Does anybody know which 10 states they're concentrating on? I'm certain my letter will have a greater effect if California is actually considering this legislation. I'd hate to look silly by writing about a bill not under consideration.

  • Adding up to the limitation of liability issue, there's the fact that the government wants to shut down bug tracking services. So, the companies are not required to fix the bugs; supposing they were willing to write fixes, you are forbidden to report the bug. Relying on Microsoft, for instance, to figure the (millions of) bugs in their software is suicide.
  • by Anonymous Coward
    Fair Use is deliberately defined in a vague way, to allow for human (judicial) discretion. While it might be useful to have some clarification, an overly rigid definition would probably work against the public good.

    I remember when a certain Congressman said that copyright laws ought to be changed so that they would match copy protection (rough paraphrase). That Congressman was Al Gore, who had introduced the bill to mandate SCMS, and who (big surprise) was part of the Clinton/Gore Administration that backed the Orwellian version of the DMCA. (You know, the one that outlaws exercising your right to copy under the real copyright laws if it happens to conflict with "technological protection measures".)

  • "How long before license agreements prevent the dicussion of bugs found in the program?"

    there are stirrings and rumours about making places like bugtraq illegal, as they allow for illegal activities. if the government is allowed to say that x site does not help by posting bugs, but is in fact an "evil den of hacker iniquity" then we are very much screwed.

  • I find this alarming given the recent announcement that MS's source code has been in a compromisable state for the past 3 months. Say the crackers managed to put some back doors into something a state office uses. If that state has passed the UCITA, they've screwed themselves.

    --
  • by Ungrounded Lightning ( 62228 ) on Friday October 27, 2000 @06:31AM (#671741) Journal
    One thing about the sort of people who push things like UCITA - they are relentless. No matter how many times they are beaten they keep coming back. They want to win by exhaustion...

    [the fight] will never be won - but you have to keep fighting. Set yourself mentally for the fact that you are in a fight that will last your lifetime.


    There's a way to put a stake through its heart:

    Come up with an alternative and start lobbying to get THAT passed. This puts them in much the same position we are in now, and we've got more voters and callers.

    Once an alternative, setting forth OUR idea of what the law should be, is in place, they have to convince legislators, not just to fill in the void, but to repeal a popular law and replace it with an unpopular one. And you even get to argue on the relative merits!

    (Of course as any movie fan knows, occasionally the baddie gets the stake pulled OUT of it's heart. So it's not necessarily a win for all time. But at least you get to sleep more easily for a few decades. B-) )
  • I'll address the points that I feel I can address.

    I'm not familiar with Caldera's programs, is xbill something that THEY write? If so, then they should be responsible.
    Debian shouldn't be responsible for their *unstable* release, because they advertise it as such.
    If you can't install a distro, well, that's probably not gonna cost your company a full day's work, like a hole in Outlook can.

    I'm all for equal treatment. The point I had in my head, was that software companies that make crappy products that can cripple your system and/or business should accept responsibility. I would hold any *NIX to the same criteria.

    OTOH GNU/OSS programs fall into a different category, since they are not written by companies. In my mind, companes have a higher responsibility to their customers, than coders working on an independent project. This is because people are actually paying for the product. Software companies are paid to produce programs, whereas people who write code to be helpful do it as an aside.

    I hope I've addressed your issues, if not, I check my responses regularly

  • by ansible ( 9585 ) on Friday October 27, 2000 @06:43AM (#671743) Journal

    And, for the most part we still have some of our rights given to us by the constitution, but that list is getting shorter.

    You have it backwards. Unfortunately, this belief that the Constitution gives us (the people) rights is not correct.

    The Constitution does not give us rights, it is supposed to sharply define what (hopefully few) rights the government has. In the view of the Founding Fathers, we already have the rights (God-given and all that), and it's the government that has to be given some rights for the benefit of society as a whole.

    The government and the special interest groups have come to believe that the government and the Constitution are the source of our rights, and have been acting in that fashion for quite some time now.

    No, the original intent was that the government take the minimally necessary steps to ensure the safety and well-being of all. However, it has become an instrument of special interest groups to try to carve out areas of interest and profits for themselves.

    It's well past time for everyone to see the folly of such an attitude. It is like with a community park, where the neighbors don't get along with each other any more. First one person stakes a claim on "his" portion of the park. Then everyone now becomes intent on stakings claims to "their" parts of the park. Soon the park is broken up into all these little areas, all clearly marked. Sure, now you've got your own space, and no one will disturb you without your permission. But you can't play frisbee in the park, nor have a picnic, or just go for a stroll without a lot of negotiation. This is tedious and time-consuming. The park as a whole as lost much of it's value.

    Contrast that with a more community-minded attitude (such as with OSS). Everyone shares the park, and helps maintain it. You don't have all these boundries to worry about. You just go ahead and have that frisbee game, or walk your dog, or have a picnic. Of course, this system is subject to abuse. Some people may leave litter after their picnic, or some dog crap after a walk. But the answer to this is education, not legislation. That's what we strive for in the free/OSS community, and that's what we should strive for in the rest of the world too.

    Aside: Hrmmmm... I'm in a very Libertarian mood today. I wonder why?

  • As mentioned before [slashdot.org] on /., Iowa passed an anti-UCITA clause in it's electronic Transactions act. The relevant portion reads:
    A transaction that is subject to a computer information contract which provides that the contract is to be interpreted pursuant to the laws of a state that has enacted the uniform computer information transactions Act, as proposed by the national conference of commissioners on uniform state laws, or any substantially similar law, is null and void and the contract shall be interpreted pursuant to the laws of this state if at least one party to the contract is a resident or has its principal place of business located in this state.

    For purposes of this subsection, a "computer information contract" means a contract that would be governed by the uniform computer information transactions Act or substantially similar law as enacted in the state of residence of the other person to the contract if that state's law were applied to the contract.

    I find it hard to believe that UCITA would get out of committee in the Iowa Legislature, as three of the biggest businesses in the state, in addition to the Universities and the state Attorney General are lined up against it.

  • by Anonymous Coward
    1. There is a good reason to write your Congressmen (assuming that you are a US voter): Federal legislation can preempt state legislation. We need a Federal anti-UCITA law that prohibits the states from interfering with free use and that establishes full liability for deliberate bugs. If you remotely disabled software that you're customer has paid for, and can't justify it in a court of law, then you should be subject to compensatory and punitive damages.

    2. Such an amendment should not require GPL; that is only way flavor of open source license.

  • Infoworld is an industry rag targeted at business readers, and UCITA is out of the worst nightmares of most businesses.

    I haven't read through it lately so this is from memory, but in addition to all the controls on liability, lawsuits, etc., I believe there's a difference in how licensing is handled for individuals and corporations - individuals have the option of returning the software for a refund if they don't like the click license. Businesses get no such protection.

    -- fencepost

  • By reading or scrolling this message into or out of your browser window, you are legally bound by the UCITA to agree that:

    1. You may not make any negative comments about
    this post through any electronic or
    non-electronic medium.

    2. You agree to give me a +1 karma point,
    regardless of its fitness of description.

    3. You agree to moderate up all future posts
    posted by me and my affiliates.

    4. The author is not responsible for any physical
    or mental damage resulting from the reading of
    this post, including but not limited to:
    vomiting, browser-crashing, parkinson,
    alzheimer, and loss of nerve cells.

    5. The author reserves the right to install a
    device in your brain to monitor the compliance
    of this agreement, and to deactivate related
    brain functions if a violation is found.
  • by LauraLolly ( 229637 ) on Friday October 27, 2000 @07:15AM (#671748)
    The law firm McBride Baker and Coles [mbc.com] has a list [mbc.com] of states, comparing introduction and adoption of UCITA and UETA.

    Great links!

  • How is it that Americans constantly proclaim their amazingly free society when totalitarian legislation like this can become law?
    Because we're free to pass any totalitarian legislation we want. duh.

    Ctimes2

  • I seem to have missed where they mention which states are in process with this BS. We can't battle this crap if we don't know who needs to act now on it.
  • by llywrch ( 9023 ) on Friday October 27, 2000 @07:30AM (#671751) Homepage Journal
    UCITA will be coming up for a vote in the state of Oregon next year. See http://www.econ.state.or.us/icom/legalisc.htm for further details.

    What is especially appalling is that of the four people on the committee, two are IP landsharks, one is a VP of Microsoft, & only the last one is an elected official.

    Guess which way this committe is leaning.

    Geoff
  • by binkless ( 131541 ) on Friday October 27, 2000 @07:47AM (#671752)

    Try the enemeywww.ucitaonline.com [ucitaonline.com]

    You can even sign up for e-mail updates!

  • by Stultsinator ( 160564 ) on Friday October 27, 2000 @08:00AM (#671753)
    When I called our local legislative branch about the bill I was asked if I knew what the bill was about and what my position on it was. That, I think, is a reasonable way to filter for informed people. What happened afterwards is a little annoying.

    Virginia opted for what I'm sure seemed like a reasonable compromize between my (and other's) fears and the desires of corporate America. They passed the bill so that they could continue to lure companies to Virginia (and keep the ones they have.) Then they said that the bill wouldn't go into affect until after a period of study of its affects (seems kind of odd that they can study something that isn't working, but it sounded good at the time.)

    Maybe I've been reading /. too much and have become paranoid, but I've never seen the results of that study and the bill recently, and quietly, came into affect.

    So here's my warning: If your state tries this with you and says that their going to do a study, find out who is doing the study, what methods they are going to use, and what the results are. Find out what conditions need to exist in order for the study to invalidate the bill. This will tell you a lot about how serious they are about the study, and whether or not you need to get a new representative.

  • ...most Americans probably can't be bothered as long as gas stays under forty cents a liter

    Liter? Mah SUV doesn't take dem wimpy French liters, it takes gallons like a real car should.

    Only thing that comes in liters is dem big coke bottles.
  • i don't give a rat's ass about the constitution or the bill of rights. i'm an american citizen and all i care about is how much money i have, so thats how i vote (or don't vote)
  • Microsoft Warranty: Your Windows Operating System is guaranteed to crash at least once during every week of operation. Should your system fail to meet these standards, please contact customer support and we will use our backdoors in the software to remotely crash your system.
  • I went to their web site. Thanks for the link. I've always wondered something about websites like www.ucitaonline.com [ucitaonline.com], are they legally responsible for the interpretations that they are publishing?

    The reason that I ask is that if you read their FAQ, they seem to villify all Linux supporters who oppose UCITA. In particular they have an entire section devoted to "Myths". In this section they claim that slashdotters are worried about things that aren't true in UCITA.

    Well, when push comes to shove, who is right? If it turns out that UCITA passes, and the things that they say are false end up being true, are they responsible?

    I assume that they're not. (I don't even know what it would mean for them to be responsible.) Which means that anyone can say anything w/out regard to its truthfulness, just so long as it makes their side look good.

    So, how should I (someone woefully uniformed about UCITA) determine whether the /. interpretation of UCITA is true or the ucitaonline interpretation is true? Any suggestions? Please keep in mind IANAL, so to read the actual law would not help. I'm not qualified to interpret it.

  • Why does the threat of liability undermine the GPL?


    --

  • This is really the only way to win. Essentially, the political version of 'embrace and extend'.

    If we the people don't like how the government is doing its job, then get involved! Run for political office, where *you* can vote on these things.

    At least support candidates that are in agreement with your views. If none exist, then educate them!

    If you don't have the time, then donate to organizations that do education and lobbying for the sake of your causes.
  • Yes, I know you're just playing around, but this sort of example really is rediculous. Such a "license" would probably not be enforcable under any current law for several reasons.
    • Saying "by reading this you agree..." is no contact. The other person has to actually -agree- to the contract, which is one reason the clickthrough licenses are in a legal grey area: it's not determined whether that's a real agreement or not either.
    • Even if I don't agree with your terms, there's nothing that stops me from reading your article anyway. There's no law against reading everything you write even if I don't agree with your terms. If, say, Office 2000 had a bug in it which allowed the installation to continue even if I clicked no on the license agreement, I'd still be allowed to use it.
    • Contracts require "consideration" for them to be legally valid. That is, a contract that is so one-sided would never be upheld.

  • I agree with much of what you said.

    But people have to stop treating "The Government" and "Corporations" as if they were a person that can be "fixed", if only we could send them into some 12 step program. These animals are made up of many people, each reflecting their self interest, all in the context of our social norms.

    What you get, is what "we" are. Many "see" what the government has become, yet continue along doing exactly the things that made it that way.

    Why does a jury grant millions when some stupid idiot spills hot coffee on herself? Worse, what sick state of mind drew the idiot to even consider the very concept of suing in the first place? Government didn't make her do this, she learned this skill from the society she lives in. The moral direction is clear "Take anything you can, by any means, just don't get caught." (Law suits have no risk in "getting caught", other than risking the $36 fee and some time).

    Why do we spend so much time persecuting people doing things that might, could, possibly, maybe, cause damage? Heck, we don't stop there, we persecute things that don't cause damage! I don't care what your feelings are on guns, drugs, cell phones, drinking, driving cars bigger than you think "I" need, porn, wearing seat belts, or whatever. I'm not talking "government" here, I'm talking Mothers Against Everything, I'm talking every radio talk show in existence, I'm talking every poll, on every issue. It's always the same. Again, our moral compass is clear, "do onto others, all that won't splash on me".

    80% of the population wants a totalitarian system. Just ask. They're screaming for it each and every day, in the papers, on radio, in township meetings, and public protests. They write their congressmen demanding it, every day. Oh, well, just as long as it isn't aimed at them, you see. Memo to Everyone: Just stop it! If my "illegal" behavior doesn't alter your life, property, or right to exist, in some tangible way, then mind your own damned business repeal the damned law.

    Hold me fully responsible when I shoot you, and not one second before. Attempted legalcide (using law to maximally bludgeon your victims, right or wrong) should be a serious moral, ethical, and legal offense. Standing by watching others be bludgeoned by law should be a moral and ethical outrages. That is the definition of a free society.

    Until people stop being all so eager to take freedom away from everyone else, things will only get worse.

    Anyway, the first step in any 12 step plan is "recognize the problem". Let's start with that.

  • Instead, contact your state congresspeople and tell them you DO NOT want this passed!
  • They have taken down the list or the link in your message is not working, is their another plaace to get it ?
  • Yet another example that governments are seldom more than corporate shills anymore, and nowhere more than in the US

    Er, given that it has only been passed in two states, it's merely an example that corporations try to get favorable legislation passed. Read the article and not the use of:

    "Long Odds For Software Law"

    "What once seemed a sure bet . . . is languishing in statehouses across the country"

    "[Buissness groups are] gearing up to wage a major lobbying war in the states -- a war they didn't think they would have to wage."

    "If the legislation doesn't gain momentum in the states this year, its passage across the United States could drag on interminably, which would open the door to significant changes in the language of the law."

    Your post is yet another example of Katzian corporationphobes on /. getting their facts and analysis wrong.
  • I am from califorina, would it matter if someone that didnt live in virgina write to the state senators ?
  • It's only become law in two states, is having a very difficult time of getting even near passage elsewhere, and the FTC is investigating.

    So your post is as foolish as saying "How is it that Western Europeans constantly proclaim their amazingly free society when totalitarian legislation like this can become law in Portugal and Finland?" while the European Commission considers adopting rules that would remove teeth from the legislation anyway.
  • Why does the threat of liability undermine the GPL?

    Because the vast majority of people who write GPL'd software don't make money off their software (or don't make much, anyway), and therefore can't afford to defend themselves against lawsuits. Also, the policy of "release early, release often" followed by most Open Source programmers guarentees that there will be bugs in the released software. Holding open-source programmers liable for bugs in their products would destroy this practice and reduce the quality of the software.

  • Sorry - They have taken it off the air. They must not have enjoyed being slashdotted. I most strongly recommend the Google Cache [google.com] of the page Another table [mbc.com] at McBride Baker and Cole, but without the cool links.

    The Uniform Commisioner's [nccusl.org] page on UCITA is not as informative. The Computer Professionals for Social Responsibility have a page [cpsr.org] which has not been updated for some time.

  • Now is the time when you can get a commitment from candidates to the state legislature. If you have a candidate who is strongly anti-UCITA, work the phones for them!

    You can make a difference at the state level, and it only takes a few hours of your time. Talk to your neighbors. Give rides to the polls. Pollwatch. Work the phones for that candidate from now until election day.

    Even if you don't give a darn about the federal elections, you can make a noticable difference in the local elections. Our statehouse race was decided by less than 50 votes in our district. Push against UCITA. Find out your candidates' positions on UCITA. Get commitments from them, and commit to the candidate who takes positions that are closest to yours.

    If this is your one single issue for a statehouse race, let candidates know that you are pro-information - and you vote!

  • How is it that Americans constantly proclaim their amazingly free society when totalitarian legislation like this can become law?

    We pass unconstitutional laws all the time. It usually requires a lawsuit that addresses the issue of constitutionality to get it overturned. For instance, the Communications Decency Act.

    *shrug*

    James

  • Of course, there needs to be a law out there forbidding any software license (or any other IP license for that matter) from prohibiting activities defined as fair use.

    So you believe that non-disclosure agreement you signed when you went to work for a company should be illegal?

    Some rights cannot be contracted away. For example, even if you sign a contract permitting someone to kill you, they still cannot legally kill you.

    Other rights can be voluntarily given up. For example, you can voluntarily place a work you created in the public domain, thus giving up all copyrights you had in that work.

    Now, why do you believe IP rights should belong to the former class rather than the latter?

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