UCITA: Enforceability and Fairness of Negotiated, Shrinkwrap, and Click-Through Licenses

Abstract

Many IT professionals have ignored or disregarded the fairness and enforceability of "shrinkwrap" or "click-through" licenses for computer software. However, the trend towards legal recognition of those license terms combined with new legislation that will extend those practices to all transactions in computer information in digital form or delivered via the Internet (including online databases, electronic journals, and e-books) is cause for alarm. UCITA (the Uniform Computer Information Transactions Act) is a uniform law that is being proposed in all of the states to govern contracts or licenses for digital information; consequently, it is a vehicle that is likely to have dramatic consequences for IT organizations, libraries, and educational institutions. This panel presentation will report on the status of UCITA in the states, outline some of its controversial issues, and suggest strategies for promoting higher education's interests.