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Software Legislation: Read the Fine Print: Page 3 of 9

But vendors in the UCITA world have more clout in how they protect themselves in these situations. Although UCITA doesn't let vendors disable your software electronically if they suspect you violated the license, it does give them the power to "peacefully" repossess a CD-ROM or boxed copy of the software. (Beware when you escort visiting vendors through your facility if you live in a state that adopts UCITA.)

Meantime, it's up to each state to determine whether UCITA is worth it. This won't be an easy decision given the problems the act raises for IT and consumers, and the lack of clarity about how UCITA will apply to some software. Embedded software in the chipset of a VCR, for instance, may or may not be subject to UCITA. But UCITA does apply to the embedded software on a network-interface card (not NIC hardware).

With all this controversy and confusion surrounding UCITA, one school of thought is to flesh out the UCC regulations rather than having a separate set of laws for IT with UCITA. Technology advances and industry practices change quickly, so UCITA could become outdated before its time, and its inherent complexity could hamper its acceptance and enforcement. More important, such a law needs to protect--not override--existing rights under copyright law. That will only happen if IT gets a say in the law's adoption and implementation in each state.

The debate over UCITA begins in statehouses across the nation next year. Whether the act's shortcomings become painfully obvious, or whether the revised version gives UCITA new life, remains to be seen. Study UCITA carefully with the help of legal counsel and keep an eye out for it on your state legislature's agenda.

Sean Doherty is a technology editor and lawyer based at our Syracuse University Real-World Labs®. A former project manager and IT engineer at Syracuse University, he helped develop centrally supported applications and storage systems. Write to him at [email protected].