New Coalition Formed to Fight UCITA
Andy Tai writes "According to this InfoWorld column, a coalition, AFFECT, has been formed to fight UCITA (the Uniform Computer Information Transactions Act). UCITA was passed in Virginia and Maryland and is beginning to move through other state legislatures, and oppositions are needed to halt UCITA's passage. AFFECT is composed of a variety of organizations, including, from the ACM, EFF to several big companies outside the computer industry. They are calling for action and support in each state of the US. UCITA's background can be found here and how it can impact Free Software is described here."
If I develop software does that mean that someone who uses this software can sue me if it does something bad, even though the software already has a warning? This is confusing.
I don't want a lot, I just want it all!
Flame away, I have a hose!
Only 'flamers' flame!
Also useful is this interesting coverage of the exact aims of AFFECT, and their issues with UCITA, which I also found to be useful, and so I cited it.
--
Clarity does not require the absence of impurities,
/* And you'll never guess what the dog had */
/* in its mouth... */
--Larry Wall in stab.c from perl
This organization protesting UCITA will probably be helped by having a Republican in the White House. For those of you who don't know much about American politics, the Republicans are the party that is for States Rights (this States Rights philosophy goes back a hundred years, even to the Civil War).
As long as this organization frame this as a states right issue, they should get help from the Bush administration. While Republicans are known as pro-business, I imagine the smary nerdiness of GAtes will probably annoy good old boy Dubya, and remind him of those geeks that made fun of him in school.
This is more of an observation than anything, but I thought there already was a group fighting UCITA. Espescially with all the 'Slashdot advocates' who are against UCITA.
/., just how many of us have actually written a well-reasoned letter to our elected official(s)?
./?
Is it just me or is this evidence that us xBSD/GNU/Linux advocates need to start doing more real work and having more real involvement in IP laws than we have been?
Of the number of IP laws/issues that have been discussed on
Do we write our thoughts and opinions to our government official(s), or do we just complain about it on
There isn't really a difference in the amount of effort it takes to write to the elected officials in your locale, than it does to write to Slashdot.
Writing your representatives will get noticed, and may get results. Writing the entire argument to Slashdot won't do that.
But, on the upside, Slashdot can inspire us to write our officials. Do it!!!
This article may only deal with the United States, but that doesn't mean that there aren't IP issues elsewhere in the world. (Fight software patents in the E.U., etc.)
-- Sometimes you have to turn the lights off in order to see.
Several Linux advocates (like myself) fight UCITA in an effort to hinder mandatory licensing schemes. There is, however, in my opinion, some contradiction here: Why is it that the governments attempts to standardize software licensing are hindered whereas the FSF's efforts are glorified???
I believe that the Linux community has been somewhat "brainwashed" into believing that the GNU GPL is the only license that meets the needs of all individuals. Frankly, it doesn't. Since when does freedom only come in one form??? If the Linux community wants to fight standardized licensing programs, then they must abolish their own. (Do not try to deny that the GPL creates two worlds of software...GPL and non-GPL)
So, what must be done? Abolish the GPL? Kill the FSF? Absolutely not. If individuals REALLY want to use the GPL, go ahead. No one can stop you... But I simply believe that many developers use this licensing without understanding or comprehending its true implications.
Comments Welcome.
-----------------------------------------------
the fact that the pro-ucita factions didn't swipe it up, is proof once again that they are clueless about the internet.
I doubt people will react. Even so, I've emailed everyone on my list about it.
I wish most people gave a fuck.
"just connect this to..."
BZZT.
Liberty.
Y'all are infringing on large corporations right to lobby to have unconstitutional laws passed on their behalf!
Free Techno/Jazz/DNB/MI Music by guys obsessed with monkeys!
There probably is no such group as affect, you sign up and MS shows up at your door to "re-educate" you ...
Free Techno/Jazz/DNB/MI Music by guys obsessed with monkeys!
This just doesn't seem to be right. If I was a blacksmith, the government would not impose undue restrictions on the horse shoes I make. Like making me liable if the horse becomes lame. The fact that I want to craft software and give it away "No strings attached" should be a good thing (tm). But Nooooooo they have to place all these restrictions on me. Maybe I will write code and distribute it as "(c)2001 Anonymous Coward".
You are correct that Republicans are, in a very generic sense, "pro-business". Of course, Democrats are as well, these days, so that doesn't say a whole lot. For all the stomping, and hand-waving, I see virtually no difference between the two major American parties.
But this statement:
> I imagine the smary nerdiness of GAtes will probably annoy good old boy Dubya
...is unfounded, and ridiculuous. Bush went on record during the election as siding with the MS in the DOJ case. He stated that if he won the election, he would do whatever was necessary to "protect companies' right to innovate", or whatever the line from Redmond was at the time. I was aghast.
Still, I'm not too worried. Much as I dislike MS, I've never much believed in the court case. MS is guilty as sin, but I don't think a court decision could ever remedy that. Eventually, MS will choke on its own vomit. The day will come when consumers realize how much MS is toying with them, and slowly they'll drift away.
Besides, I think the OS is rapidly losing the limelight as far as computing goes. I agree with Cringely that MS has peaked and that this new decade will be the decade of Cisco. If I had money lieing around, I'd be buying Cisco stock...
--Lenny, musing on a Sunday morning.
I think it's time to lobby for full warranties for software. Now that Microsoft is talking about 99.99% uptime, it's a competitive issue. Companies should be competing on length of warranty, like car manufacturers started doing once Japanese competition got serious.
FOLLOW THE MONEY!
---Technology will liberate us if it doesn't enslave us first.
I live in VA, and have been reading the various secions of UCITA on the states website. But speaking only English, I got a little lost in the laywer speak.
RMS, has some interesting points in what UCITA could do... but I would like to see someone translate the document into something readable by a lay person (or computer geek).
Is UCITA really this evil Micro$oft friendly thing, or is it just raising the bar for the Open Source (and free) software community?
AF-Design, web development.
It seems like the most efficient way for free software supporters to kill this.
YOU are probably sitting there wondering "What can I do? I'm just one dude" -- Contribute to the EFF! If you can't justify giving to charity to yourself, maybe you can because of the cool shirt they'll send you.
Because they are two completely different things. UCITA doesn't standardize licenses. It standardizes enforcibility of licenses, and the standard it creates is extremely different that the existing defacto standard. UCITA makes it so that the user always has to agree to the license, even if they don't know what the terms of the license are until after they have purchased a software product and ripped open the box.
Under the current (non-UCITA) situation, the user still gets to choose whether they agree with a license or not, and they can reject the license and still use the software in accordance with copyright law.
The GPL, on the other hand, is just a license. Nothing in the terms of the GPL applies prior to the user agreeing to it, so these are really two completely different things.
---
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
Lobbyst says: 'See, Governor/State Legislator, they're a bunch of liars. How can anything that is anti-competitive and anti-consumer be anti-business?'
Governor/State Legislator buys it. Everybody is screwed.
I see only one member (see "Who We Are") in the software business - Sun Microsystems
Where are the Linux companies? Where is Red Hat, Caldera, VA Linux, Ximian and Eazel? Where's IBM and Compaq? Where's FSF, for christ's sake?
Help these people out; give this coalition some balls!
I know, I know - IBM and Compaq wish they can help out but they can't. They don't have the balls to ruffle His Billness' feathers. His Billness might get angry and have a temper tantrum.
Zoloft
UCITA is the reason why I now take the time to read the licence agreement carefully on all software I buy. The bit that is of particular interest is the section that specifies the jurisdiction that covers the agreement.
My caution was justified when I was reading the licence agreement for the release version of Netscape 6 for Windoze (as opposed to the preview version). The preview version was governed by the laws of California, but one could guess that trouble was brewing when the licence agreement specifically excluded California's consumer protection laws from the agreement. The full version is governed by the laws of Virginia.
Uh oh.
Virginia is a state that has passed the controversial UCITA after intense lobbying and dubious "campaign contributions" to the elected officials. And we all know the dire consequences of UCITA.
I refuse to install ANY software that's governed by the laws of a state that's passed UTICA and why I won't be doing any more business with those companies. The only thing that many of these companies care about is their bottom line. By not buying their software or returning it for a refund, I have a small adverse effect on their bottom line. If enough other people did this, then the effect on the bottom line will be noticeable. A large number of returns for refunds will also make them take notice.
If nothing else works, a bit of civil disobedience may be in order. Buy software that you know is governed by UCITA. Do what is needed to read the agreement, typically this entails opening the box and running the installation software. Don't agree with the EULA. Return the software the next day for a full refund. Go elsewhere and repeat.
Opposition to UCITA starts with YOU. Be aware of which states have UCITA or are likely to pass it soon. Read those agreements carefully, and identify which state's laws govern the agreement. If the jurisdictional state is a UCITA state, do NOT agree with the agreement and return the software promptly for a full refund.
--
The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke
I don't know about UCITA, but I have read the reactionary comments here on slashdot, and it appears that there will be more stringent controls on software quality and licensing at the developer and user ends. To this effect, why can GPL not route around this? If GPL is a globally acknowledged license, then GPL software should be able to just say somewhere inside it that it is above the laws of all nations states, or whatever.
David
So if I write a game demo and post it on my web page, and include a disclaimer, the M$ can D/L my game, claim it crashed their server for an hour, and sue me for millions of bucks. However, if I sell it in a box which has a sticker saying, "This software is worthless," then I am not able to be held liable? This is an "I'm too lazy to RTFM" law. What a piece of crap. Typical...
Clickety Click
And a fat lot of good it did. The folks promoting this bad legislation did a good job of schmoozing the local reps here.
"Do you want lots of great Tech jobs in your state? Vote for UCITA and your constituents will love you."
Bah! - I explained to my reps that the rights granted by UCITA would actually be harmful to businesses that buy software - I don't think they "got it."
Sometimes politics makes me nuts.
Write letters to your reps RIGHT NOW - before the lobbyists make more headway in your state - it's too late for us in MD!
Anomaly
God loves you and longs for relationship with you. If you want to know more about this, please contact me at Tom_Cooper at bigfoot dot com
But Herr Heisenberg, how does the electron know when I'm looking?
A while ago, I thought of an interesting way of open projects fighting UCITA if it is passed by a majority of states. Instead of going after the stupid, unconstitutional law itself, it goes after companies who capitalize on the stupid, unconstitutional law. Of course it does go completely against the philosophy of the GPL (i.e. RMS would have a sh*tfit)
What if all the major open source projects got together and created a new type of license to fight the effects of UCITA on open source. The people involved would be heavy hitters such as the groups developing Apache, PHP, Perl, Sendmail, Zope, all BSD flavors, Beowolf, and everyone working on the Linux kernel (including Linus) Anyone other projects who wanted to join would also be welcome. These groups would create a license very much like the GPL, with almost all the same provisions (free to modify and distribute code, requirement to post modifications, etc). Just picking an arbitrary name out of the license hat, this license could be called the UPL (United Public License). The way that the UPL differs from the GPL is that there is an additional clause that anyone who uses the software for no charge agrees not to engage in an "egregious act", defined as a "most proactive attack" any open source project. "Most proactive" would be something like legal action over reverse engineering (e.g. CueCat) or legal action because some kid in norway does something that someone finds inconveniant. Note that this would not rule out legal action being pursued for something like stolen code or pirated content (i.e. MP3's, movies, etc) used in an open source project.
If the entity using the UPL'ed software complies with these terms, the software is free to use, distribute, modify, etc. For any legal entity who does not comply with these terms, the cost of using the software goes from nothing to $10 million per installation, to be paid retroactively if needed. Unless the entity found guilty of committing an "egregious act" uninstalled all UPL'ed software immediately (i.e. within 24 hours) they will be charged with the full $10 million an installation.
The people who would make this decision about possible violations would be elected by votes taken from user groups devoted to open source software (e.g. LUGS, PerlMongers, BSD user groups, etc). An elected body would be necessary, since this kind of power needs to be contained within a democratic structure. An elected body would also give the coalition of free software projects greater legitimacy in the eyes of any governmental organizations. The democracy of a such a license sends the message that the people behind it are not a bunch of pirate, techno anarchists who love breaking into computers, but a group of people committed to utilizing their lawful right to organize to redress grievances and correct injustices. Any democratic government cannot refuse the legitimacy of such an organization.
How would this all work out in a real-world scenario? Let's say that UCITA is passed and Digital Convergence, the makers of the in(famous) CueCat scanner, decided to legally attack the people reverse engineering the CueCat for Linux. The democratically elected UPL board convenes and decides whether Digital Convergence's lawsuit has merit or whether it constitutes and "egregious act". If the former is true (which it wouldn't be), no action would be taken against DC. If the latter is true (which could easily be proven), the UPL board writes DC a letter notifying them they are committing an egregious act. The letter asks them to stop and notifies them of the consequences if they do not. If they persist with their legal harrasment, they will be given 24 hours notice to uninstall all UPL software. Since they are using Apache (version 1.3.17 to be precise) which would fall under the UPL, to serve web pages, Apache must come down or it's $10 million per web server. They use PHP (version 4.0.4p11, to be precise). It falls under the UPL. Get it off the machine or it's another $10 million for each machine running PHP. To top it all of, any installation of Linux (which again would fall under the UPL) would be yet another $10 million per installation. To ensure compliance with the ruling, any whistleblowers will get half of all back payment and damages. The message sent will be "if you try to eradicate the method by which open source software is created, you have no business using software that is created by the very same method."
I now end my exploration of a Twilight Zone alternate universe where proponents of open source use UCITA against the companies trying to beat it over their heads. But if UCITA is passed by many states and many propriety companies start trying to wipe out open source software, the UPL might eventually come to this dimension.So if the software vendor now gets to turn the consumer into a zombie who must do his bidding, why not take advantage of this in a new GNU license?
"By using this software, you agree that any software you have previously written is released under the GPL or the GNUcita license."
I foresee a market for 3rd-party installation software that will allow you to install the software from ithe original CDs of (e.g.) "Murk-o-soft Off-Fizz 2001" without all that tedious clicking on license agreements first.
Open-source installer, anyone?
--
Every bloody emperor has his hand up history's skirt [Peter Hammill/VdGG]
http://www.davidflanagan.com/FaxSenate/fax.html
to fax your senator (which i assume is the thing to do).
If you live in the UK try the "Fax your MP" page at
http://www.faxyourmp.com/
to find YOUR MP and then type out what you would like and it will be faxed by their text to fax gateway. IT WORKS! I contacted my MP this way regarding that awful awful RIP bill, and got a reply within a few weeks with the guy's handwriting on.
Honestly, if enought people do this a difference will be made, I can feel another letter coming on about Mr. straw's evil DNA plans.
Believe it, it now really is as easy as bitching on slashdot (except maybe you have to be coherent).
skiy. www.Smokedot.org Drug Info, Rights, Laws, and Discussion
http://www.badsoftware.com/oppose.htm
I was a bit surprised that both the MPAA AND RIAA are opposed to UCITA.
Afraid of competition??
I've overclocked my brain!!!