Linux Journal: Why We Still Oppose UCITA
Oct 11, 2002, 03:00 (1 Talkback[s])
"An attorney for Red Hat recently asked me to join her in
requesting that the National Commissioners on Uniform State Laws
(NCCUSL) reverse their 1999 decision to adopt UCITA, the Uniform
Computer Information Transactions Act.
"I've commented before on UCITA. Readers of this column will
recall that UCITA is a model code intended to be adopted by all
states, so there is uniformity within software licensing law. UCITA
provides default rules that apply when a software license omits
essential terms. Another purpose of UCITA is to define what license
terms are against public policy and thus cannot be enforced, even
if they are included in a license.
"On behalf of the Open Source Initiative, I wrote to the NCCUSL
to oppose UCITA. I did so because UCITA does not address yet many
of the major concerns of licensors and licensees of open-source
software. Even though recent amendments to UCITA have begun to
recognize our unique issues, the proposed law remains flawed,
incomplete, confusing and biased toward licensors of proprietary
"The drafters of UCITA have proposed several amendments to
address our issues, but they still struck out with us. Here's what
they proposed and why we continue to oppose it..."