Sample Letters

AFFECT has prepared several sample letters to help you in preparing your letter to your legislators. We encourage you to supplement these messages with examples of how UCITA will personally affect you or your business.

Need the names and addresses of your state legislators? Click here.

Letter #1

On behalf of (name of organization), I urge you to oppose (bill #) to enact the Uniform Computer Information Transactions Act (UCITA). UCITA is a complex law that will adversely affect consumers, schools, libraries, business and industry. The only beneficiaries would be very large software developers, publishers and online service providers who will profit at the expense of everyone else.

Hundreds of groups in (state) and across the country oppose UCITA. Among the many concerns with this proposed law are:

It modifies existing contract law to favor large software publishers in their sales to and contracting with businesses and consumers.

It allows software publishers to shut down mission-critical software remotely without court approval.

It allows software publishers to prohibit the transfer of software from one person to another or one company to another -- even in the course of a merger or acquisition.

It shields software publishers from liability for damage caused by defects known to the software publisher, but undisclosed to the licensee, at the time of purchase.

It threatens library services currently permissible, such as inter-library loan, distance learning programs, archiving and preservation.

It binds purchasers to terms disclosed only after the purchaser pays for the software, such as a disclaimer of all warranties.

It allows the software publisher to change the terms of the contract unilaterally -- such as increasing monthly access charges -- simply by posting the change to their Web site.

It even allows software publishers to prohibit public criticism of their products!

This proposed uniform state law negates traditional consumer protections governing warranties and disclosure of terms. And because the law is overly broad it will impact every facet of commerce -- and could cost (consumers/business/industry) billions of dollars.

Please carefully consider these concerns and oppose this legislation.

Letter #2

(Bill Number - Sponsor) has been introduced and will be heard by (name of committee). Americans for Fair Electronic Computer Transactions (AFFECT) urge you to join us in opposing this legislation and vote "No" when this legislation comes before you.

AFFECT is a broad-based national coalition of industry leaders, libraries, consumer organizations, and others. Individually and collectively we are dedicated to educating the public and policy makers about the dangers of UCITA, the Uniform Computer Information Transactions Act. UCITA is a dangerous, anti-consumer, anti-business measure that will harm the American economy, and stagnate the use of electronic commerce and new technologies.

Despite what you may have been told, nothing in this statute will help bring business to (state). Nothing in this statute is needed to improve software protection. But the flaws in the proposed legislation are many.

UCITA is dangerously broad in scope. It applies to everything in digital form from computer programs, text, data, online databases, and audio/visual works (graphics, images, photos, video clips, music, interactive games and web pages).

UCITA also condones the transformation of the nature of transaction from that of a "sale" to a restricted license agreement. The consumer, no longer the owner of the computer information product, becomes a licensee whose use of the product is limited by the terms of the agreement. UCITA turns the clock back on consumer protections to the days of "let the buyer beware." Consumers can be bound by terms they are not allowed to see until after they make their purchase. Called "shrink-wrap/click on" licenses, this fundamentally unfair practice weakens the ability of consumers to compare products and make informed choices.

The proposed law upsets the careful balance in intellectual property rights that has been developed over the last 200 years. Fundamental protections granted to libraries under federal copyright law could be circumvented in mass-market licenses. The kinds of library services now permissible under law -- like inter-library loan, distance learning programs, archiving and preservation -- will be threatened.

UCITA will stifle innovation and retard the development of new technologies. By allowing software publishers to disclaim warranties and consequential damages even for known defects, it removes all legal liability for releasing poorly designed and insufficiently tested software. Common terms in license agreements under UCITA would prohibit standard industry practices now used for developing compatible systems, thereby diminishing competition and curtailing the growth of the burgeoning free software movement. License provisions prohibiting public criticism of products by customers will inhibit the free flow of information necessary for an informed marketplace.

UCITA also provides the right of manufacturers of goods, which are not explicitly covered, to "opt-in" and have their sales governed by its rules.

UCITA is harmful to the economy. Every business, large and small, depends on computer technologies to conduct mission critical processes -- such as payments to suppliers, payroll and tax compliance. Because of its broad scope, UCITA will create uncertainty regarding the duration of a licensee's rights to use licensed software. The proposed law also allows software publishers and vendors to shut down mission-critical software -- remotely and without a court order -- if they deem such action reasonable.

UCITA (Bill # - sponsor) is anti-consumer and anti-business. Please join us in opposing this legislation.

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