Subject: UCC Article 2B update
David Green (david@ninch.org)
Date: Tue, 19 May 1998 13:13:15 -0500
Message-Id: <v02130507b18777e1253a@[192.100.21.23]> Date: Tue, 19 May 1998 13:13:15 -0500 To: ninch-announce@cni.org From: david@ninch.org (David Green) Subject: UCC Article 2B update
NINCH ANNOUNCEMENT
March 19, 1998
UNIVERSAL COMMERCIAL CODE REVISION UPDATE: Article 2B (Licensing) Delayed
For those following the progress of the UCC2B amendment discussions, the
following is an update. The key issue for this community in the revision of
the Universal Commercial Code is Article 2B, ruling on digital licensing
and whether fair use will or will not be pre-empted. Here is news that,
given the controversy surrounding this article that the American Law
Institute will delay final approval until next year.
Note below the hope that "Professor Charles R. McManis, leader of an
unsuccessful attempt in 1997 to include copyright preemption language in
Article 2B, may try again to introduce language that preserves in the
licensing realm fair use and other rights granted under copyright law."
David Green
===========
>Date: Mon, 18 May 1998 19:20:04 -0400 (EDT)
>Reply-To: liblicense-l@lists.yale.edu
>Sender: owner-liblicense-l@lists.yale.edu
>Precedence: bulk
>From: Richards Robert <rrichard@stripe.Colorado.EDU>
>To: liblicense-l@lists.yale.edu
>Subject: UCC Article 2B update
>Mime-Version: 1.0
>Status:
>
>Hello:
>
>Chris Hoving, Managing Editor, UCC Bulletin/UCC Reporting Service,
>recently posted the message below to the UCCLAW-L listserv. His news is
>that submission of _Article 2B - Licensing_ to state legislatures will be
>delayed until 1999.
>
>Hoving's news confirms the report in US Law Week that ALI would try to
>delay approval of the Article until 1999: Citing concerns about the scope
>of the April 15 draft -- particularly its coverage of information
>resources beyond software products, and its treatment of electronic
>contracting -- as well as "technical problems," the deputy director of
>ALI announced on April 22, 1998 that ALI would delay final approval of
>Article 2B until 1999. (Jennifer B. Lucas, Draft Uniform Licensing Law
>Hits Snag; ALI Will Delay Vote on Final Draft Until 1999, 66 U.S. Law Week
>2644 (1998).)
>
>Further, Professor Charles R. McManis, leader of an unsuccessful attempt
>in 1997 to include copyright preemption language in Article 2B, may try
>again to introduce language that preserves in the licensing realm fair use
>and other rights granted under copyright law. (For more on this, see
>Matthew Kavanaugh, UCC 2B & Federal Preemption, UCCLAW-L, May 4, 1998 <
>ucclaw-l@assocdir.wuacc.edu >.)
>
>Please let me know if you have questions or comments.
>
>Rob Richards
>
>-------------------------------------------------------------------------------
> Robert C. Richards, Jr., M.A., M.S.L.I.S
>
> Technical Services Librarian
> University of Colorado Law Library
> Fleming Law Building
> Kittredge Loop South
> Campus Box 402
> Boulder, Colorado 80309-0402
> Telephone: (303) 492-2706
> Fax: (303) 492-2707
> E-mail: rrichard@stripe.Colorado.EDU
> URL: http://alexia.lis.uiuc.edu/~rrichard
>-------------------------------------------------------------------------------
>
>>Date: Fri, 15 May 1998 08:57:34 -0400
>>From: Chris Hoving <choving@pf.com>
>>To: ucclaw-l@assocdir.wuacc.edu
>>Subject: 2B - Wait till next year
>>
>>Message-ID: <3.0.5.32.19980515085734.007b3510@pf.com>
>>
>> Any thought that the National Conference of Commissioners on
>>Uniform State Laws ("NCCUSL") would not wait for 2B's approval by the full
>>American Law Institute ("ALI") and would send it to the states after
>>receiving the blessing of the ALI Council in the fall appears to be dead.
>>At the ALI meeting, it was announced that the plan now is for NCCUSL to
>>get all of the non-controversial aspects of 2B wrapped up at its meeting
>>end of July. This will allow ALI and NCCUSL to devote full attention next
>>year to the controversial parts. Perhaps mollified by this delay, the
>>opponents of the current draft seemed to feel that compromise leading to
>>approval of a final draft next year was possible. Whether or not the
>>proponents of the current draft will stay on board until then remains to
>>be seen, but there does seem to be genuine optimism that 2B will come to
>>pass. It just won't be this year.
>>
>>Chris Hoving
>>Managing Editor
>>UCC Bulletin/UCC Reporting Service
>>-------------------------------------------------------------
>>Private reply: Chris Hoving <choving@pf.com>
>>Public replies: ucclaw-l@assocdir.wuacc.edu
>>Listserv questions: Chris Hoving, Legal Editor, choving@pf.com
>>The UCCLAW-L listserv is sponsored by West Group,
>> Publisher of the UNIFORM COMMERCIAL CODE REPORTING SERVICE
>> http://www.cbclegal.com/catalog/commercl/urs.html,
>> with assistance from WashLawWEB
>> http://lawlib.wuacc.edu/washlaw/washlaw.html
>>
>>
>>---------------------------------------------------------------------------
>
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