MLA News Selected Articles

October 2001

2001/2002 MLA Leaders Directory 2002/03 Election Slate Announced Uniform Computer Information Transactions Act (UCITA)

The 2002/03 Nominating Committee is pleased to announce the following slate of candidates for the 2002 elections. Ballots will be mailed to all MLA members in early November to be returned by December 21, 2001.

President-Elect
Patricia L. Thibodeau, AHIP, Durham, NC
Sherrilynne Fuller, Ph.D., Seattle, WA

Board of Directors
Jean Williams Sayre, AHIP, Chicago, IL
Michelynn McKnight, AHIP, Norman, OK
Neil Rambo, Seattle, WA
Nancy W. Clemmons, AHIP, Birmingham, AL
Julia K. Kochi, San Francisco, CA
Gerald (Jerry) Perry, AHIP, Tucson, AZ

Nominating Committee
Mary L. Riordan, AHIP, Tucson, AZ
Sandra G. Franklin, AHIP, Atlanta, GA
Kathryn W. Nesbitt, AHIP, Rochester, NY
Suzanne F. Grefsheim, Bethesda, MD
Ellen Hall, AHIP, Burlington, VT
Virginia A. Lingle, AHIP, Hershey, PA
Tovah Reis, Providence, RI
Kay Deeney, AHIP, Los Angeles, CA
Elaine L. Wells, AHIP, Tyler, TX
Frances H. Lynch, AHIP, Nashville, TN
Penny Coppernoll-Blach, AHIP, San Diego, CA
Rosalind K. Lett, AHIP, Nashville, TN
Cheryl Rae Dee, Ph.D., AHIP, Tampa, FL
Lynne Siemers, Washington, DC
Susan Schweinsberg Long, AHIP, Tacoma, WA
Patricia E. Gallagher, AHIP, New York, NY
Patricia A. Hammond, AHIP, Fayetteville, NC
Mary Fran Prottsman, AHIP, Fort Rucker, AL

Submitted by Margo Coletti, Medical Libraries, Beth Israel Deaconess Medical Center, Boston, MA; edited by Kristine M. Alpi, AHIP

Editor’s Note: A previous article about UCITA appeared in the January 2000 issue of MLA News.

The Uniform Computer Information Transactions Act (UCITA) is a proposed state contract law, designed to standardize the licensing of software and all other forms of digital information. This legislation would adversely affect many industries and all libraries, as well as schools, universities, businesses, and individual consumers of software.

UCITA was originally cosponsored and drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute (ALI) as a proposed national uniform commercial code, Article 2B. The ALI withdrew its sponsorship in 1998, when it became apparent that Article 2B was poorly drafted and strongly biased in favor of the software industry. The NCCUSL then recast and renamed the law UCITA and now proposes it as state law. Bills are being gradually introduced to each state legislature. As of the end of August 2001, only two states (Maryland and Virginia) had adopted the law, but legislatures in at least three others (the District of Columbia, Ohio, and Washington) are considering it.

Software Industry Bias

The American Bar Association (ABA) has formed a task force to review UCITA this fall, and the NCCUSL has agreed to temporarily cease its lobbying efforts in the state legislatures, until the ABA task force completes its work. Because of its software industry bias, UCITA has strong proponents—including Microsoft, America Online (AOL), and other interested
parties—who have not agreed to halt lobbying efforts. Anti-UCITA groups are also keeping the pressure on the states where legislation has been introduced and are still busy informing and educating the general public. Medical librarians must educate others in their health care organizations. Last December, the author made a presentation that proved to be valuable to a group of hospital information systems directors at Beth Israel Deaconess Medical Center. Although none of them had heard of UCITA, they all immediately understood the impact it would have on their work and were grateful for the information.

The ABA’s action is a significant response to the activism of UCITA’s many opponents, including the medical library community. However, it is still prudent to keep an eye on each state legislature for any proposals or discussions regarding UCITA. The American Library Association’s state-by-state legislative update and the AFFECT Website (see the Internet Resources column on page 9) contain the most up-to-date information.

See www.mlanet.org/government/ucita/ for links to UCITA resources.