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July 21,
2002
Standby
Committee Meeting
The following has been posted:
-
NCCUSL Annual Meeting:
The Conference is to discuss and vote on the revisions proposed by the
UCITA Standby Committee
-- Agenda,
July 26 - August 2, 2002 Proposed revisions to UCITA are to
be discussed and voted on Monday, July 29, 2002.
--
UCITA Annual Meeting Draft,
July 26 - August 2, 2002
- UCITA
Standby Committee Report
to NCCUSL Conference and Response to Concerns Expressed in ABA Working
Group Report, May 29, 2002.
- Reply
of Carlyle Ring, Chair, UCITA Standby Committee, to ABA Report, February
25, 2002
- Report
of the Amercan Bar Association UCITA Working Group and Minority Report,
January 30,
2002
January 4,
2002
Standby
Committee Meeting
The
Report
of the Standby Committee on the meeting (December 17, 2001) , including
recommendations for amending UCITA, has been posted.
November 20,
2001
Standby
Committee Meeting
There is
a brief meeting report (no committee votes were taken), and a link to
NCCUSL's
post-meeting press release.
November 10,
2001
Standby
Committee Meeting
The
agenda, proposed amendments and supporting documents for the UCITA Standby
Committee meeting in Washington, DC, November 16 - 18, 2001 are available.
Note: Discussion at the meeting will
be limited to the amendments listed below.
October 8,
2001
Standby
Committee Meeting
There
will be a meeting of the UCITA Standby Committee in Washington,
DC, November 16 - 18, 2001. This new webpage has information on the meeting
place, how to submit amendments, etc. Proposed
amendments can be emailed to UCITA
Online (ckunze@ix.netcom.com)
for posting.
UCITA
The version of UCITA, including the amendments previously
approved by the NCCUSL executive committee January and ratified by the
full conference this summer, is posted.
UCC
Article 2
The NCCUSL annual conference amended
Article 2 to include a software exclusion. However, the conference also
decided the Revisions needed further consideration and a final vote was
not taken. The ALI Council is expected
to consider the amended version this Winter, and will decide whether to
send it forward for a vote at the ALI annual meeting in May 2002.
April 6,
2001
What's Happening
to UCITA in the States
UCITA has been introduced
in the District of Columbia and New Hampshire.
Maryland
has adopted an amendment to exempt open source software, which does not
charge license fees, from the implied warranty of merchantability.
March 29,
2001
What's Happening
to UCITA in the States
UCITA has been introduced
in Oregon.
March 12,
2001
FTC Software Warranty
Project
To date, there has been no indication of
responsive action from the Federal Trade Commission following
the October 26-27, 2000 public forum on high-tech warranties.
UCC Article 2 Software
Exclusion
A new draft of the
scope section has been posted which states that the Act applies to a computer
program in a mixed goods/software transaction if "appropriate."
What's Happening
to UCITA in the States
Virginia
has adopted some amendments to UCITA.
UCITA has been introduced
in Illinois, Maine and Texas.
February 8, 2001
UCITA
In January, the NCCUSL Executive
Committee approved some amendments relating to self-help
and the electronic regulation of performance. These amendments are
subject to ratification by the full NCCUSL at its annual meeting August
10-17, 200.
February 6,
2001
What's Happening
to UCITA in the States
UCITA
Online has been updated for the new legislative
session.
UCITA has been introduced in Arizona.
New Jersey is in the second year of its legislative session, so
the UCITA bill listed was introduced last year. Currently, no further
action is anticipated in this session in New Jersey.
October 24, 2000
UCITA
The final version of UCITA, with Comments, is up - UCITA,
Final Act With Comments, September 29, 2000
FTC Software Warranty Project
There is a new link to the FTC's webpage on the project: FTC
Webpage on the Oct. 26-27 Warranty Forum (links to Agenda and Comments)
August 21, 2000
UCITA
The official comments dated June 2000, are not in fact, the "final"
version. UCITA Online has been informed
that there will be another version out in the near future.
August 19, 2000
UCITA
The amendments to UCITA which were approved by the NCCUSL Executive
Committee were ratified by the Conference at their annual meeting,
July 28 - August 4, 2000.
The final version of the Official Comments is posted,
dated June 2000.
UCC Article 2 Software Exclusion
It was announced at the NCCUSL annual conference July 28 - August 4,
2000 that there would be no final vote this year on Revised
Article 2. There will be another drafting committee meeting in November,
with final votes currently scheduled for 2001.
The treatment of "smart goods" (goods with embedded computer chips)
was discussed but no language was agreed on at the conference. The focus
of the discussion was on clarifying that an Article 2 warranty on a
smart good would apply to the good as a whole, including the computer
chip.
July 10, 2000
UCC Article 2 Software Exclusion
The language on this page has been revised to add some clarity (it is
not the Revised UCC 2 drafting committee which sought to bring software
back within that Act, but rather individual opponents of UCITA).
Also, language has been added regarding the support of the ALI meeting
to revise the UCC 2 scope language to ensure that software embedded
in a good will be treated as a good. It was thought that the language
of the current draft did not accomplish that.
July 3, 2000
There are two new sections of UCITA
Online:
UCITA
The amendments approved by the NCCUSL executive committee have
been posted in draft for approval by the NCCUSL annual conference.
June 18, 2000
What's Happening to UCITA in the States
Delaware - There is a new link to the House version. However,
no further action on either the House or the Senate version is expected
this legislative session.
District of Columbia - withdrawn and reintroduced as 13-716.
Oklahoma - no further action is expected this legislative session.
May 21, 2000
State Legislator's Homepage: Who Wrote UCITA
There is a new link to the list of NCCUSL Commissioners by
State.
What's Happening to UCITA in the States
Maryland and Virginia - information on the committees
appointed to study UCITA have been added.
Iowa - The Uniform
Electronic Transaction Act, with a provision declaring voidable a
clause selecting UCITA as the governing law, was adopted and awaits the
governor's signature.
New Jersey - introduced.
April 28, 2000
What's Happening to UCITA in the States
Maryland - UCITA was signed by the governor April 25, 2000. It
is effective October 1, 2000.
Enrolled
(final) Text
Iowa - The provision in the bill to enact the Uniform Electronic
Transactions Act which would have declared null and void a transaction
governed by UCITA, has been changed to declare voidable a choice of law
clause if the state law selected is UCITA, or any similar law, and substitute
Iowa law instead.
current
voidable amendment (Senate Amendment 5481 to House File 2205)
April 12, 2000
What's Happening to UCITA in the States
Maryland - UCITA has been adopted by the legislature and awaits
the governor's signature.
Enrolled
(final) Text, Amendments and Conference Report
March 29, 2000
What's Happening to UCITA in the States
Delaware: UCITA introduced.
District of Columbia: The bill
text is now available.
Iowa: A provision
has been introduced in a bill to enact the Uniform Electronic Transactions
Act which would deny application of another state's law pursuant to a
choice of law clause if UCITA was the chosen law.
Maryland: UCITA has passed the House, the adopted version is
not yet available but some of the amendments
to HB 19 are.
March 14, 2000
UCITA Online
(http://www.ucitaonline.com), the successor website to The
2BGuide is launched with the first signing of UCITA into law
in, as they like to think of themselves, the DotCommonwealth of Virginia.
The new sections of UCITA
Online include:
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