Fw: HB2041 - UCTIA

Carl Parrish cparrish@home.com
Fri, 09 Mar 2001 09:55:45 -0700


I'll get started on my letter today.

Carl P.

David Demland wrote:

> I just got home and found this E-Mail. We have at least one person for us.
> 
> David Demland
> 
> ----- Original Message -----
> *From:*Gabrielle Giffords <mailto:ggifford@azleg.state.az.us>
> 
> *To:*'David Demland' <mailto:demland@home.com>
> 
> *Sent:* Thursday, March 08, 2001 3:10 PM
> 
> *Subject:* RE: HB2041 - UCTIA
> 
> 
> Dear David,
> 
> I have been working on trying to kill UCITA. Thanks for your message.
> 
> Sincerely,
> 
> Gabrielle Giffords
> 
> State Representative District 13
> 
> 1700 W. Washington
> 
> Phoenix, AZ 85007-2844
> 
> (602) 542-5108
> 
> ggifford@azleg.state.az.us <mailto:ggifford@azleg.state.az.us>
> 
>     -----Original Message-----
>     *From:* David Demland [mailto:demland@home.com]
>     *Sent:* Sunday, March 04, 2001 10:43 PM
>     *To:* ggifford@azleg.state.az.us
>     *Subject:* HB2041 - UCTIA
>     
>     Dear Representative Giffords,
>     
>     Let me introduce myself, my name is David Demland. I have been a
>     software engineer for almost 14 years. Today I hold the title of
>     Quality Assurance, QA, Manager. I am currently working at a
>     software company in Phoenix. Not only do I work in the field but I
>     also teach software engineering type courses at the university
>     level. To help easy an incredible desire to learn I am also
>     pursuing a masters degree in Computer Information Systems, CIS.
>     Not only do I consider myself an expert in software development
>     but my peers reinforce this by asking me to give presentations and
>     advice to local companies that are trying to change the way they
>     produce software and the quality of their products. When it comes
>     to software I speak from experience and from an attitude of always
>     rasing the bar of quality for software products. With this said I
>     want it to be clear that I am addressing you as a very
>     knowledgeable person from the software industry, an expert if you
>     would.
>     
>     The reason for this letter is to address my concerns that HB2041,
>     also known as UCITA. I would like to make it clear from the start,
>     this bill is bad for the software industry as a whole and it is
>     almost as dreadful for the consumer as the depression. I submit
>     the following information as reasons to why this bill should die
>     and never be resurrected in the future.
>     
>     Before we can look at the bill itself we will take a look at how
>     the professional originations stand in regards to UCITA. The
>     Association for Computing Machinery, ACM, is an origination that
>     was founded in 1947. It was the first educational and scientific
>     computer society in the world (ACM). ACM is comprised of over
>     80,000 members in the computer industry today. They do not support
>     UCITA. The Institute for Electrical and Electronic Engineers,
>     IEEE, known for the standards they have produced for the computer
>     industry which has lead very high levels of interoperability of
>     systems. IEEE consist of 366,135 members in the computer industry
>     today. They to do not support UCITA (IEEE). The America Society
>     for Quality, ASQ, is the quality related side of business, does
>     not support UCITA (ASQ). The Software Engineering Institute, SEI,
>     which was established by the Department Of Defense, DOD, to help
>     the industry improve software development practices does not
>     support UCITA (SEI). Is it becoming clear that the professionals
>     in the industry do not support UCITA.
>     
>     If these are not enough, there are lawyers and law colleges that
>     oppose UCITA. The University of Arizona James E. Rogers College of
>     Law, has published a paper on why UCITA should be opposed (UofA).
>     American Library Association, ALA, does not support UCITA (ALA).
>     The American Association of Law Libraries, AALL, does not support
>     UCITA (AALL). Cem Kaner, a former software engineer and now
>     lawyer, has a wealth of information about UCITA from both a
>     technical side and the consumer side does not support UCITA (Kaner).
>     
>     Looking at just these oppositions, this bill maybe should not have
>     even been introduced. If this bill dealt with the medical
>     profession, and it had this kind of opposition, would the opinions
>     of the medical profession originations be overlooked, or glazed
>     over? Or would these originations carry weight with their
>     opinions? I would hope that these computer and law originations
>     would carry some weight when it comes to UCITA. Just remember that
>     Microsoft, Oracle, Adobe, and Intel - all of which have worked on
>     and supported UCITA, have one group they answer to. That is their
>     shareholders. The consumer, at times, is a necessary evil they
>     have to live with, the customer is not who they have to server first.
>     
>     With this said I would like to look at parts of the bill directly.
>     
>     44-7202
>     
>     Item 19, in this section, can be used to strip freedom of speech
>     when it comes to a software product. The terms "contractual use
>     restriction" is defined as "an enforceable term that defines or
>     limits the use, disclosure of, or access to licensed information
>     or informational rights, including a term that defines the scope
>     of a license". In 44-7307 it states "If a license expressly limits
>     use of the information or informational rights, use in any other
>     manner is a breach of contract". How do you justify to the
>     consumer that open and honest software product reviews will no
>     longer be allowed after software development companies put into
>     their license that no information may be published about their
>     software without their approval? I would hope that no one is naive
>     enough to think that a software development company would allow
>     bad review of their product to be published. Just think what would
>     happen if a company can keep someone from publishing a bad report
>     on it's product. Where does this leave the consumer?
>     
>     44-7265
>     
>     This section makes it so that no one can filter their E-Mail any
>     more. This section says that even if a consumer does not know they
>     have received an E-Mail from a publisher they are assumed to have
>     received it. This means that if there is any E-Mail filtering to
>     keep junk mail, pornography, and any other unwanted E-Mail it will
>     have to be turned off. This is just so a consumer does not miss a
>     change in the contract agreement from a software publisher. How do
>     you tell parents that their children will have to sort through all
>     this E-Mail just so the changes made in the software agreement,
>     after the software has purchased, is not missed? Are parents
>     expected to go through all E-Mail or allow children to go through
>     pornography E-Mail? What is the choice here?
>     
>     44-7351
>     
>     This section will allow post-sale disclaimer to be enforceable.
>     This is a novel idea. What about buy a car without being able to
>     test drive it but it is sold "as is". I do not know many people
>     who would buy anything without seeing it first, but now we are
>     being told that it can happen in software and the consumer can not
>     return it for any reason. What will be next? Am I the only one
>     here to find this a very big problem? Who would have ever thought
>     of this as something the consumer needs? It is not just the
>     opposite of what needs to be done to protect the consumer?
>     
>     44-7352
>     
>     This section allows software development companies to demonstrate
>     a differ product than what is shipped to the consumer. Under this
>     section a software development company can show a "Demo" version
>     and ship the consumer the shipping version that may not have all
>     the features that was shown to the consumer. Are we going to make
>     the "Bait and switch" legal now? Where is this in the consumer's
>     best interest?
>     
>     44-7403
>     
>     This section allow software development companies to restrict
>     transfer of software. Now this may sound good at first but look at
>     these impacts. This goes far beyond copyright law. Under current
>     conditions if a user removes the software from their computer they
>     may give the software to someone else. This section removes that.
>     This means that a when a family is done with an encyclopedia, that
>     is on CD, it can not give it to a school for use. Are we saying
>     that schools do not need these gifts any more, or that the state
>     will supply them at full cost instead of allowing parents to get
>     involved with the school?
>     
>     An other problem with this is that there will be no way used
>     bookstores and record stores can sell used software. How do we
>     tell the used software businesses in Arizona that you will have to
>     close up and do something else? I have seen these businesses in
>     Phoenix and Tucson so who will be the one to have to tell them
>     that they are going to have to close down? The ones I have seen
>     seem to be small family businesses. Do we really want to say to
>     these businesses, and the world, that Arizona will support only
>     big business and forget the small business that we have been built
>     on? Are we ready to say that part of the American dream is dead?
>     
>     44-7501
>     
>     This section will allow a material breach of contract to be
>     determined by a software development company. Do I have to go to
>     far here? Who will protect the consumer? Are we saying that
>     software development companies are going to be fair to the
>     consumer when it come to this subject? Again I ask: who is the
>     software development company held accounted to?
>     
>     44-7565 and 44-7566
>     
>     These sections allow a software publisher to place a "back door"
>     into their software that may be used to disable the software
>     remotely. I know this may not sound to bad at first but lets put
>     it into a little different terms. What if you bough a car for
>     $18,000.00 and two years later the manufacture did not want to
>     support it any longer and the manufacture disabled the car from
>     running and the only thing you could do is to buy the newer model
>     that now is $22,000.00. The car manufacture's job became easy
>     because they no longer have to have long warranties, nor would
>     they have to have extend time periods of making parts or many
>     other things. Why should a consumer be required to upgrade a piece
>     of software that meets their needs just because the development
>     company no longer wants to support that software and wants the
>     consumer to pay more money just to benefit the development
>     company? What is the difference?
>     
>     The second issue here is security. Just this past week it was
>     reported that "hacker" had stolen top secret U.S. Space code. This
>     is from a very high secured computer system. What happens to
>     security on a desktop computer when these back doors are put into
>     every piece of software? How does the consumer protect themselves
>     from a security problem just because an irate engineer leaves a
>     company and wants to get even? What if the engineer worked on
>     Microsoft Money and used this back door to get personal
>     information? It has been reported on the news that with just a
>     Social Security Number, address, and a credit card number
>     someone's identity may be stolen. How do we protect the public's
>     privacy?
>     
>     Just in closing I would like to make it clear, UCITA is just plain
>     bad law. With the number of professional originations that are
>     against UCITA it would seem that the practitioners are say stop
>     before we do something really stupid. Now is the time to act. Kill
>     UCITA before it has a chance to hurt the consumer. We will all
>     live better without it. I would also like you to ask yourself the
>     next time someone says that UCITA is good, ask who are they
>     accountable to a company or the consumer.
>     
>     Thank You,
>     
>     David Demland
>     
>     3506 E. Glenrosa
>     
>     Phoenix, AZ 85018
>     
>     (602) 955-3248
>     
>     References
>     
>     ACM - Association for Computing Machinery [On-line] Available:
>     http://info.acm.org
>     
>     IEEE - Electrical and Electronic Engineers [On-line] Available:
>     http://www.ieeeusa.org/forum/ POSITIONS/ucita.html
>     
>     ASQ - America Society for Quality [On-line] Available:
>     http://sqp.asq.org/vol1_issue4/ sqp_v1i4_kaner.html
>     
>     SEI - Software Engineering Institute [On-line] Available:
>     http://www.badsoftware.com/sei.htm
>     
>     UofA - University of Arizona [On-line] Available:
>     http://www.ala.org/washoff/ucita/ braucher.html
>     
>     ALA - American Library Association [On-line] Available:
>     http://www.ala.org/washoff/ucita/
>     
>     AALL - American Association of Law Libraries [On-line] Available:
>     http:// www.ll.georgetown.edu/aallwash/so101399.html
>     
>     Cem Kaner - Bad software [On-line] Available:
>     http://www.badsoftware.com/
>