Talking Points

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

UCITA allows consumers to become licensees who are bound to the terms of the contract provided in "shrink-wrap" products or "click-on" agreements.

UCITA allows software publishers to shut down mission-critical software remotely without court approval and without incurring liability for the foreseeable harm caused.

UCITA 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.

UCITA 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.

If the consumer wants to sue over a defective product, UCITA allows the software publisher to restrict legal action to a specific jurisdiction -- a particular county, state or even a different country.

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

UCITA binds purchasers to terms disclosed only after the purchaser pays for the software, and allows the software publisher to change the terms of the contract unilaterally by e-mail.

UCITA allows software publishers to legally track and collect confidential information about personal and business activities of licensees.

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

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