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Upside: Virginia's software law from ... heck

May 02, 2000, 11:21 (0 Talkback[s])
(Other stories by Mit Spears)

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"The loudest criticism, however, seems overblown. While some argue that UCITA gives software vendors the right to suck the brains out of the old Compaq when a license violation is detected, vendors probably have the right to do that now, under certain conditions. Of course, any software vendor insane enough to do something so willy-nilly will be named in enough class action lawsuits to sink Alabama."

"Others, who argue that UCITA legitimizes shrink-wrapped licenses, fail to recognize that courts across the country seem to have enforced the reasonable terms and conditions of such licenses in the past. Indeed, UCITA may actually strengthen the implied and express warranties that consumers might derive from such licenses."

"More substantive are the concerns advanced by half of the State Attorneys General, who argue that the pre-emptive aspects of UCITA eviscerate a variety of state consumer protection laws."

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