Upside: Virginia’s software law from … heck

“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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