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2004 SESSION

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HB 548 Uniform Computer Information Transactions Act (UCITA); changes in provisions.

Introduced by: Joe T. May | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Uniform Computer Information Transactions Act (UCITA). Amends UCITA to incorporate changes adopted by the National Conference of Commissioners on Uniform State Laws (NCCUSL). The bill clarifies that (i) insurance services transactions are not covered by UCITA even if computers are used; (ii) the consumer protection law that would have governed in the absence of UCITA still governs; (iii) end-user licenses cannot prohibit or limit lawful public discussion; and (iv) the laws of fraud, misrepresentation, and unfair and deceptive trade practices, as they deal with failure to disclose defects, still apply. The bill also (a) deletes the default rules for license duration and the number of permitted users when the contract is silent and returns the defaults to the common law; (b) provides that there is no implied warranty with respect to subjective characteristics; and (c) provides that the implied warranties and obligations concerning noninterference, noninfringement and merchantability do not apply to free software. Finally, the bill makes certain technical amendments that reorganize a few sections of UCITA to make it easier to read and more consistent with NCCUSL's final version of the uniform law. This bill is a recommendation of the Joint Commission on Technology and Science.


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