
The 2B Stakeholders
·The American Bar Association. The ABA seems split on 2B. The Science and Technology Section tends to be critical of the draft, while the Business Section UCC Committee Subcommittee on Information Licensing is apt to favor it.
·The American Law Institute (ALI). The ALI, a self-selecting organization of leading legal practitioners, scholars and judges, is responsible for writing the Restatement of the Law, used to discern modern legal directions. ALI has expressed grave concerns about UCC 2B, but likely won't vote on 2B until after the draft is introduced in state legislatures.
·Intellectual Property (IP) Law Community. Many IP specialists believe 2B is an effort to usurp existing federal copyright and patent law. IP lawyers see the committee's rejection of explicit language referencing the primacy of rights under patent, copyright, antitrust law and trade secret law as proof that drafters want to unravel IP rights by relying on contract law.
·The National Conference of Commissioners on Uniform State Laws. The NCCUSL is an organization dedicated to the drafting and political support of uniform laws, such as UCC, among the states. Commissioners are often appointed by state governors to this nonsalaried position.
·Software publishers are represented by the Business Software Alliance (BSA); The Software Publishers' Association/Information Industry Association; and the Silicon Valley Software Coalition, among others.
·Software and Electronic Products Users. Until recently, few user/consumer organizations attended 2B meetings. Groups such as the Society for Information Management, the Association for Computing Machinery; the Institute for Electrical and Electronic Engineers/US, the Consumers Union; and the Consumer Project on Technology (Ralph Nader) are now taking a more active role.
·Federal Trade Commission (FTC). Last fall, the FTC sent a 15-page letter to the 2B drafting committee suggesting a large number of changes in 2B. The FTC said that even though federal law prohibits things like anti-compete clauses or bans on reverse engineering in software licenses, 2B was apt to discourage legal challenges.
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