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UCC/Copyright & Licensing Relationship?
The following news item is taken from the Association of Research Libraries' Federal Relations Notebook Updates, January 1997. It is available at the ARL Federal Relations URL: http://arl.cni.org/info/frn/frnmon.html We're posting it to this list because it directly relates to at least two of our discussion topics here, click-able licenses and the relationship of licenses and copyright. I would welcome your comments, particularly those who work in the field of contract law and who have studied this proposed revision. For further information on the ARL programs in this URL, please contact Prue Adler, email@example.com. Thank you, Ann Okerson Co-Moderator, Liblicense-L Ann.Okerson@yale.edu ________________________________________ New Article of UCC under Consideration The National Conference of Commissioners on Uniform State Laws is drafting a new article (Draft Section 2B-308) of the Uniform Commercial Code (UCC). The UCC forms the basis for contract law in most states. This new article addresses mass market licenses and would provide that in most instances "shrink wrap or click on" licenses would be enforceable. For example, under such a proposal, a license included in a software product could state that by removing the software's shrink wrap packaging, a user agrees to waive all fair use privileges associated with use of the software. Similarly, the license written by a web page designer could provide that by clicking on the "next page" icon, the user agrees to refrain from copying any facts appearing on the web page. Such proposals would permit content owners to significantly restrict current rights available to users of copyrighted materials under the Copyright Act. Members of the Shared Legal Capability are reviewing the Draft Section in addition to other parts of Article 2B, Licenses, to fully understand the intent of the proposals and the possible impact on library services and users. The proposals are still under consideration and a final draft will not be presented until the summer of 1997.
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