IP: UCC 2B - Fundamentally Unfair to Mass-Market Software

[Dave Farber <farber () cis upenn edu>]

From: "Robert Raisch" <raisch () internautics com>
To: <farber () cis upenn edu>




> From Lawyer and author Cem Kaner:


"A committee of the National Conference of Commissioners on Uniform State
Laws (NCCUSL) is writing Article 2B, an extension to the Uniform Commercial
Code (UCC). The UCC is the primary source of commercial law in the United
States. If Article 2B is adopted by the States, it will be the dominant
source of law that governs software quality.


...


In my view, Article 2B is a significant revision to the Uniform Commercial
Code that strips out established customer protections and radically extends
software publishers' intellectual property rights beyond what they are
entitled to under Copyright law. I have gradually come to regard it as a
dangerous proposal.


NCCUSL is a very credible, nonpartisan organization. At this point, I
believe that there is a high probability that Article 2B will be approved by
NCCUSL without much more than cosmetic revisions, and that it will then be
approved by the States.


Customer input into Article 2B has been minimal. I urge you to look into
Article 2B, and to send comments to the Drafting Committee. PLEASE send
copies of your comments to me, kaner () kaner com, as well."


===


Much of this, as a consumer, frightens the hell out of me.


Among other things, Cem points out that under this law, if your private
encryption key is stolen by whatever means, you are fully responsible for
all purchases and other acts made using it.


On the 15th of April, the newest draft of Article 2B was published by NCCUSL
at:  http://www.law.upenn.edu/bll/ulc/ucc2/2b498.htm


Cem Kaner's commentary is at: http://www.badsoftware.com/uccindex.htm


Of particular interest is:


Article 2B is Fundamentally Unfair to Mass-Market Software Customers
http://www.badsoftware.com/ali.htm


Digital Signatures: The Insecurity of the Digital Signature
http://www.badsoftware.com/digsig.htm


        </rr>