Re: Copyright and UCC 2B

From: Cem Kaner <kaner[_at_]kaner.com>
Date: Wed, 5 Feb 1997 23:13:44 -0800 (PST)

On 2/3/97, Harold Federow wrote:
>
> Just an observation based on Prof. Rice's post: take advantage of the
> opportunity to present comments, particularly if you think the provisions
> he describes, or others, are biased in favor of software producers as
> opposed to consumers.

The problems are not just there for consumers. Small businesses (as customers) and retailers will probably fare worse under this statute than consumers.

There are several ways to present comments.

One way is to comment directly to the Reporter, Ray Nimmer. Ray's contact info is:

     Law Center, University of Houston
     4800 Calhoun
     Houston, TX 77004
     fax 713.743.2082
     rnimmer[_at_]uh.edu

My impression is that Ray carefully considers comments that are sent to him, but that he is not likely to circulate them further.

To send comments to the Article 2B Committee, the other meeting attendees, and the many reviewers who receive updates by mail, send comments to Connie Ring at least three weeks before the next meeting and EXPLICITLY request that he include your comments with the packet that will go to the Article 2B mailing list. Connie MAY include your comments in this packet. My impression is that he is more likely to include your comments if you have attended one or more meetings and/or if your comments contain specific proposed statutory language. Connie's contact info is:

     Carlyle C. Ring, Chair*
     Atlantic Research Corp.
     5945 Wellington Rd
     Gainesville, VA 20155
     tel 703.754.5277
     fax 703.754.5077
     bbiendl[_at_]ARC-AG.com

It has been suggested to me that the most effective venue for commentary if you are concerned with the general bias of the proposal is the Executive Committee of NCCUSL. I'm not an expert on the structure of NCCUSL, so I cannot state with confidence that the following info is accurate, but my understanding is that these are the members of the Executive Committee:

     Fred H. Miller, Executive Director*
     University of Oklahoma
     College of Law
     300 Timberdell Road
     Norman, OK 73019
     fmiller[_at_]hamilton.law.vokner.edu



Appointed Members

William M. Burke   		Located in Hong Kong, but accessible 
Shearman & Sterling	 	through his LA address. 
777 S. Figuroa, #3400
Los Angeles, CA 90017
Email: wburke[_at_]shearman.com

Mr. Gene N. Lebrun
P.O. Box 8250
909 St. Joseph Street, 9th Floor
Rapid City, SD 57709
Phone: (605) 342-2592 Fax: (605) 342-5185 Email: glebrun[_at_]rapidnet.com

Mr. Joseph P. Mazurek
Office of Attorney General
P.O. Box 201401
215 N. Sanders
Helena, MT 59620
Phone: (406) 444-2026 Fax: (406) 444-3549

Mr. Robert A. Stein
American Bar Association
750 N. Lake Shore Drive
Chicago, IL 60611
Phone: (312) 988-5225 Fax: (312) 988-5151 Email: ABA/NET:!ROBERTSTEIN

Ex Officio:

Mr. John P. Burton
P.O. Box 1357
123 E. Marcy Street, Suite 101
Santa Fe, NM 87501
Phone: (505) 984-0100 Fax: (505) 989-9542 Email: rodeylaw!rodey2!rodeysf!jpburton[_at_]attmail.com

Professor Rhoda B. Billings
Wake Forest University School of Law
P.O. Box 7206
Winston-Salem, NC 27109
Phone: (910) 759-5717 Fax: (910) 759-6077

Mr. Bion M. Gregory
Office of Legislative Counsel
State Capitol, Suite 3021
Sacramento, CA 95814-4996
Phone: (916) 445-2782 Fax: (916) 322-0769 Email: bgregory[_at_]lc.ca.gov

Mr. Richard C. Hite
200 W. Douglas Ave., Suite 600
Wichita, KS 67202
Phone: (316) 265-7761 Fax: (316) 267-7803

Mr. John L. McClaugherty
P.O. Box 553
Charleston, WV 25322
Phone: (304) 340-1349 Fax: (304) 340-1044

Professor Curtis R. Reitz
University of Pennsylvania School of Law 3400 Chestnut Street
Philadelphia, PA 19104
Phone: (215) 898-7464 Fax: (215) 573-2025 Email: creitz[_at_]oyez.law.upenn.edu

Mr. Oglesby H. Young
Pacific Building, Suite 800
520 S.W. Yamhill Street
Portland, OR 97204
Phone: (503) 226-6151 Fax: (503) 224-0388

Finally, you can post comments to a web page that is focused on Article 2B, by contacting Carol Kunze, "Carol A. Kunze" <ckunze[_at_]ix.netcom.com>, or at the web page,

   http://www.SoftwareIndustry.org/issues/guide/

My comments/criticisms on Article 2B are at my web page, www.kaner.com.


Cem Kaner, J.D., Ph.D.				       Attorney at Law 
P.O. Box 1200           Santa Clara, CA 95052             408-244-7000
Author (with Falk & Nguyen) of TESTING COMPUTER SOFTWARE (2nd Ed, VNR)

This e-mail communication should not be interpreted as legal advice or a legal opinion. The transmission of this e-mail communication does not create an attorney-client relationship between me and you. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney. Received on Thu Feb 06 1997 - 20:49:51 GMT

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