Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/18/84; site sdcsvax.UUCP Path: utzoo!watmath!clyde!burl!ulysses!allegra!amdcad!decwrl!dual!ucbvax!sdcsvax!brian From: brian@sdcsvax.UUCP (Brian Kantor) Newsgroups: net.micro Subject: Software License Bill - California Message-ID: <858@sdcsvax.UUCP> Date: Mon, 13-May-85 13:59:28 EDT Article-I.D.: sdcsvax.858 Posted: Mon May 13 13:59:28 1985 Date-Received: Wed, 15-May-85 00:44:45 EDT Organization: UCSD beer & pizza society Lines: 193 Reposted by request from the SDCSRC system: --------------------------------------------------------------------- # 182 of 187 From: CMD (Chuck Dayton, San Diego, CA) Date: 18:04 Sat May 11, 1985 Subject: New bill Lines: 43 -------------------------- CALIFORNIA ALERT May 11, 1985 -------------------------- California Assembly Bill No. 2296 - Computer Software Licensing Agreements Introduced by Gray Davis (D), former Chief of Staff to Gov. Jerry Brown, Jr. This bill has been introduced to the California legislature to make the "shrink wrap" license associated with microcomputer software a legal form of contract that is binding on the user! It is being pushed by the American Electronic Association, a high tech lobbying association (can ADAPSO be far behind?). WE SUPPORT THE PRINCIPLES upon which the bill is drawn - the protection of intellectual property - as well as enforcement of the current copyright law to protect both authors and publishers. WE DO NOT SUPPORT THIS BILL as a method of achieving this. The severe restrictions imposed by most license agreements impinge upon the normal and ethical use of software in the conduct of daily business. This is an opportunity to test the effectiveness of electronic bulletin boards in getting a quick response and influencing legislation that may have a negative impact on computer users. This bill affects all of us. Voice your concern to your elected representatives -- before it is too late! **** PUBLIC HEARING **** Set for May 15th in the Consumer Protection Committee, chaired by Assemblyman Bob Frazee (R). Let him know your position even before the hearing (in a respectful manner please - let's not hurt our own case) Phone numbers: Bob Frazee (916) 445-2390 Sacramento (619) 434-1749 San Diego Area. **** ALSO CONTACT YOUR LEGISLATIVE REPRESENTATIVES **** For the San Diego Area: Bill Bradley (489-8924) Peter Chacon (232-2405) Bob Frazee (434-1749) Lucy Killea (232-2046) Sunny Mojonnier (457-5775) Steve Peace (426-1617) Larry Stirling (237-7777) **** GROUPS TO CONTACT **** 1. Other Bulletin Boards - copy this message. 2. Educational Users - Public School - Colleges (get to the administrators who are going to have to oversee the terms and conditions of 100 different contracts (instead of just abiding by the copyright law)! 3. Research Labs - the scientific community. 4. Your friends using computers in business. 5. Medium and large Industrial users. 6. Other groups? ***** Larry Atherton & Chuck Dayton (BDG285 The Source) - San Diego, Ca ---------------------------------------------------------------------- # 184 of 187 From: CMD (Chuck Dayton, San Diego, CA) Date: 18:13 Sat May 11, 1985 Subject: Text of Bill Lines: 46 What follows is the complete (100 lines) text of a proposed software licensing bill. See previous message for explanation of importance. PROPOSED CALIFORNIA SOFTWARE LICENSING BILL Assembly Bill 2296 introduced March 8, 1985 Author: Gray Davis, (D), former Chief of Staff to Gov. Jerry Brown, Jr. --------------------------------------------------------------------- LEGISLATIVE COUNCIL SUMMARY Existing law does not expressly regulate the use of licensing agreements for purposes of protecting against unauthorized use of computer software. This bill would provide that any person who acquires a copy of computer software, in certain circumstances, conclusively shall be deemed to have accepted designated terms in an accompanying license agreement, if included in the license agreement. --------------------------------------------------------------------- Section 1. Title 2.2 (commencing with Section 1812.45) is added to Part 4 of Division 3 of the Civil Code, to read: TITLE 2.2 COMPUTER SOFTWARE LICENSING AGREEMENTS 1812.45. (a) For purposes of Sections 1812.46, 1812,47, and 1812.48, the term "computer software" means a set of statements or instructions, to be used, directly or indirectly, in a computer to bring about a given result, in any form of material object in which those statements of instructions may be fixed, by any method now known or hereafter developed, regardless of whether the statements or instructions are capable of being perceived by or communicated to humans. (b) For purposes of Sections 1812.46, 1812.47 and 1812.48, the term "license agreement" means any written document on which the words "license agreement," either alone or in combination with other words, appear prominently at or near the top of that document in such a position of prominence so as to be readily noticeable to an average literate person viewing the document. 1812.46. If a written legend is affixed to or packaged with a copy of computer software in a manner so that the legend clearly and conspicuously is visible upon a cursory examination of the copy of the computer software and related packaging, and if the legend is prominently displayed, in all capital letters and in language which is readily understandable to an average literate person, and if the legend states clearly (a) that any use of the copy of the computer software will constitute acceptance of the terms of an accompanying license agreement, (b) that any opening of a sealed package, envelope, or container in which the copy of the computer software is contained will constitute acceptance of the terms of an accompanying license agreement, or (c) both (a) and (b), if the legend states that anyone who receives a copy of the computer software and does not agree with the license agreement may, within a reasonable period, return the unused, unopened copy of the software program to the party from whom it was acquired or to some other identified party for a full refund of any consideration paid, then any person who acquires such a copy of the computer software conclusively shall be deemed to have accepted any and all of the terms of the license agreement which are within the scope of terms set forth in Section 1812.47 if that person takes the action which is stated in the legend to constitute acceptance of the license agreement, provided those terms and the license agreement conform to the provisions of Section 1812.48 below. 1812.47. Terms which shall be deemed to have been accepted pursuant to Section 1812.46, if included in any accompanying license agreement which conforms to the provisions of Section 1812.48 below, shall include any or all of the following: (a) Provisions for the retention by the licensor of title to the copy of the computer software. (b) Provisions for the prohibition of any copying of the copy of computer software for any purpose or limitations on the purposes for which copies of the computer software can be made or limitations on the number of copies of the computer software which can be made, if the title to the copy of computer software has been retained by the licensor. (c) Provisions for the prohibition or limitation of rights to modify or adapt the copy of the computer software in any way, including, without limitation, prohibitions on translating, reverse engineering, decompiling, disassembling, or creating derivative works based on the computer software, if title to the copy of computer software has been retained by the licensor. (d) Provisions for prohibitions on further transfer, assignment, rental, sale, or other disposition of that copy or any other copies made from that copy of the computer software if title to the copy of computer software has been retained by the licensor. (e) Provisions for the automatic termination without notice of the license agreement if any provisions of the license agreement are breached by the licensee. 1812.48. In order to be deemed accepted pursuant to Section 1812.46, the terms described in Section 1812.47 must be clearly and conspicuously stated in a license agreement in language readily understandable to the average literate person, and the license agreement shall be attached to or packaged with the copy of the computer software in a manner so that the terms are susceptible to being readily examined before the act which is deemed to constitute acceptance occurs. 1812.49. This section is not intended to limit in any manner the effectiveness or enforceability of any of the provisions of a license agreement under any other provisions of the law of California. -------------------------- (contributed by Atherton & Dayton, San Diego, Ca.)