Abstract
This article critically examines the Uniform Computer Information Transactions Act (UCITA), a proposed model law intended to govern licensing of computer information and software transactions. James S. Heller argues that while UCITA aspires to foster electronic commerce by validating click-wrap and shrink-wrap licenses and supporting digital marketplaces, it does so at the expense of consumers, libraries, and established public policy safeguards. The essay highlights concerns raised by attorneys general, the Federal Trade Commission, and the library and consumer communities, including UCITA’s potential to undermine the first sale doctrine, fair use, and library exemptions under the Copyright Act. Heller emphasizes the imbalance UCITA creates by privileging licensors and publishers over users, pointing out risks such as unilateral contract modifications, restrictions on lending and archiving, and erosion of intellectual property exceptions. Using examples from Virginia’s and Maryland’s adoption of UCITA, as well as subsequent amendments and industry influence, the article demonstrates that the Act remains incomplete, inconsistent, and harmful to information access. Ultimately, Heller concludes that UCITA is “still not ready for prime time,” warning that its enactment poses significant threats to consumer rights, scholarly communication, and library services.
Document Type
Article
Publication Information
8 The Richmond Journal of Law & Technology 5- (2001)
Repository Citation
Heller, James S., "UCITA: Still Crazy After All These Years, and Still Not Ready for Prime Time" (2001). Library Staff Publications. 10.
https://scholarship.law.wm.edu/libpubs/10