The Uniform Computer Information Transactions Act (UCITA) is a new law being proposed to govern contracts for computer information. Computer information is defined broadly to include any "information in electronic form which is obtained from or through the use of a computer or which is in a form capable of being processed by a computer." In other words, networked information of all kinds (computer software, library databases, electronic journals, e-books, etc.) will fall subject to this uniform state law that will among other things enable the enforceability of shrinkwrap and click-through license terms. The law has been criticized because its provisions tend to weigh in the favor of licensors: software companies and information distributors. Libraries and educational institutions are also concerned because it is likely to upset the balanced treatment afforded creators and users under federal copyright law. This briefing will focus on the controversial provisions of UCITA, implications for institutional licensing policy, and status of UCITA in the states.
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