[ISN] Changes to the Uniform Commercian Code.

From: mea culpa (jerichot_private)
Date: Thu Apr 30 1998 - 18:54:54 PDT

  • Next message: mea culpa: "[ISN] Design Disasters (internic/hacked)"

    Forwarded From: "Jay D. Dyson" <jdysont_private>
    
    
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    Hi folks,
    
    	I recall we briefly discussed this issue earlier, but the
    following message off gnu-misc-discuss (which only now have I been able to
    get around to forwarding) is even more alarming than I originally
    presumed.  Recommended reading for _anyone_ who works in computers.
    
    	I find the trend particularly alarming since it would afford some
    "security" programs the opportunity to make outrageous claims...and there
    would be little recourse for people to publicly expose them via
    highly-detailed technical papers.  Of course, many portions basically
    criminalize reverse engineering.  That too is a wee bit alarming.
    
    	My apologies if anyone thinks I'm beating a dead horse.
    
    - -----Begin Forwarded Message-----
    
    Date: Sat, 25 Apr 1998 01:24:33 -0600
    From: Richard Stallman <gnut_private>
    Subject: New danger of shrink-wrap licenses
    Reply-To: gnu-misc-discusst_private
    
    [The GNU project is re-posting this message because we oppose the
    planned anti-user changes in the Uniform Commercial Code.  Please
    forward this to other newsgroups and mailing lists, where
    appropriate.]
    
    Date: Tue, 21 Apr 1998 10:44:30 -0400
    From: "Matt Samsonoff" <mattt_private>
    To: gnut_private
    Subject: Freedom for software consumers.
    
    Hello,
    
    Your organization supports the freedom of programmers to write programs,
    but what about freedom for software consumers?
    
    The Uniform Commercial Code Article 2B, which has been in the drafting
    stage for several years, gives software companies the ability to screw
    over their customers. The current UCC prevents companies from taking
    consumer rights away in the fine print of contracts but article 2B will
    allow them to write anything they want into the contract.. and they will
    be able to enforce it. Software companies will take away as many
    consumer rights as they can.
    
    Here's a brief list of items that publishers will be able to put in
    their licenses (this list is taken from Cem Kaner's web site,
    http://www.badsoftware.com/ali.html):
    
    - - Prohibition against publishing detailed criticisms of the software.
    - - Prohibition against reverse engineering.
    - - Prohibition against decompiling the software.
    - - Prohibition (via the ban of reverse engineering) against developing
      products that are interoperable with this one.
    - - Restrictions on the nature or purposes of use of the product.
    - - Restrictions against competition.
    - - Publisher has choice of law (entirely unrestricted to whatever state
      or country the publisher chooses)
    - - Publisher has choice of forum (the publisher can choose that you
      have to sue them in Nigeria).
    
    Cem Kaner has a web site with several papers that he has written on the
    subject:
    
      http://www.badsoftware.com/.
    
    ZDNet has written a few articles on this subject:
    
      http://www.zdnet.com/anchordesk/story/story_1992.html
      http://www.zdnet.com/zdnn/content/inwk/0435/161310.html
    
    Article 2B is a threat to anyone who uses a computer. I just wanted to
    make sure your organization is aware of it.
    
    Thanks,
    Matt
    - ----- End Forwarded Message -----
    
        (    .--- "There's always time for a good cup of coffee" ---. ______
        ))   | Jay D. Dyson, ICIS - jdysont_private |  >===<--.
      C|~~|  |   CF BA 5A 67 89 83 67 A7  CA E0 D9 C0 1A 19 8E 58   | | =   |-'
       `--'  `---------------- Nemo impune lacessit ----------------' `-----'
    
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