“The Uniform Computer Information Transactions Act (UCITA) has a
reasonable goal: to create up-to-date rules governing the buying
and selling of software. But UCITA unnecessarily reverses hard-won
developments in consumer protection law that we now take for
granted. It also tilts the playing field in favor of large software
vendors and publishers.”
“For instance, legally mandated disclosure requirements and
standardized terminology such as the APR (annual percentage rate)
help us compare interest rates and locate important credit terms.
Most product warranties are easier to understand than they were 20
years ago thanks to laws that require simplified language and
distinguish between “Full” and “Limited” warranties. State
commercial laws and Federal Trade Commission rules compel more
truthful advertising.”
“Software is exactly the kind of product for which those types
of rules are beneficial. Of course, disclosures and remedies
appropriate for toasters and credit cards may not be appropriate
for software. But rather than refine the current rules, UCITA
returns to the days before nationally-supported consumer
laws.“