Editor's Note: February 10, 2000

Last year, there was talk about passing a bill called UCITA. This would mean that the programmers would be held solely responsible for their code being wrong, and puts a virtual end to the free software revolution. Meaning no more Linux, no more FreeDOS, more importantly, no more individuals releasing their source code for others to view.

UCITA is a draft state law for contracts relating to software and other forms of computer information. It was drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL). NCCUSL and certain software companies are now urging state legislatures to enact UCITA.

This really sucks for many reasons. First, I am a big promoter of FreeDOS. I also like the free software revolution going on right now.

What UCITA would mean is that if I wrote a program and sold it to IBM to include with their products, but this program is not compatible with another program and it does something to the end user's system, I would be the one getting sued.

Just briefly glancing at it the first time, I thought that programs would have to be 100% efficient and bug-free in order to be sold on the market. This is impossible. In fact, the only product that even comes close to this specification is the Be operating system.

The Problems With UCITA:

• UCITA dramatically shifts the balance of existing contract law in favor of software vendors when they contract with businesses and consumers.
• UCITA allows software vendors to shut down mission critical software remotely without court approval and without incurring liability for the foreseeable harm caused.
• UCITA allows software vendors to prohibit the transfer of software from one company to another, even in the course of a merger or acquisition.
• UCITA allows software vendors to avoid liability for damage caused by defects known to the software vendor, and undisclosed to the licensee, at the time the software was acquired.
• UCITA binds companies to license terms in software acquired by employees without authorization.
• UCITA allows software vendors to prohibit public criticism of their product.
• UCITA allows software vendors to impede the development of innovative products.
• UCITA allows software vendors to collect confidential information about business and consumer licensees.
• UCITA binds purchasers to terms disclosed only after the purchaser pays for the software, and allows the software vendor to change the terms of the contract unilaterally by email.
• UCITA allows software vendors to exercise rights over products developed with their software.

Much of the information here was collected from 4cite.org. Please visit this page to learn more about UCITA and why it is anti-developmental for both businesses and you, the end-user.

Please write me with your comments on this matter.

Sincerely,