Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: Notesfiles $Revision: 1.7.0.10 $; site uiucuxa Path: utzoo!watmath!clyde!burl!ulysses!mhuxr!mhuxt!houxm!ihnp4!inuxc!pur-ee!uiucdcs!uiucuxc!uiucuxa!rp321 From: rp321@uiucuxa.CSO.UIUC.EDU Newsgroups: net.micro Subject: Your software rights are in danger Message-ID: <9400009@uiucuxa> Date: Sat, 14-Dec-85 17:38:00 EST Article-I.D.: uiucuxa.9400009 Posted: Sat Dec 14 17:38:00 1985 Date-Received: Mon, 16-Dec-85 03:57:28 EST Lines: 159 Nf-ID: #N:uiucuxa:9400009:000:9672 Nf-From: uiucuxa.CSO.UIUC.EDU!rp321 Dec 14 16:38:00 1985 [ food for thought ] Hey, all of you out in micro-land! Look what ADAPSO has foisted on the Illinois Legislature! This law virtually wipes out what rights you have regarding your software. In my next two postings, I'll include analyses of this law by attorney Keith Hays of Champaign. Enjoy! :-) Russell J. Price USnail: 1111 S. Arbor St. Champaign, IL 61820 The Illinois Software License Enforcement Act Taken from LawBoard, Champaign, IL, (217)352-6118 Operated by Grosser and Hays Law Offices, Champaign, IL BE IT ENACTED BY THE PEOPLE OF THE STATE OF ILLINOIS, 53 REPRESENTED IN THE GENERAL ASSEMBLY: Section 1. Title. This Act shall be known and may be 55 cited as the Software License Enforcement Act. 56 Section 2. Definitions. For purposes of this Act the 58 following terms shall have the meanings set forth below, 59 unless the context clearly requires otherwise: "Computer software" means a set of statements or 61 instructions to be used directly or indirectly in a computer 62 in order to bring about a certain result in any form in which 63 such statements or instructions may be embodied, transmitted 64 or fixed, by any method now known or hereafter developed, 65 regardless of whether such statements or instructions are 66 capable of being perceived by or communicated to humans, and includes associated documentation and materials, if any. 67 "License agreement" means a written document on which the 69 word "license", either alone or in combination with other 70 words, appears conspicuously at or near the top so as to be 71 readily noticeable to a person viewing the document. "Reverse engineering, decompiling or dissambling" means 73 a process by which computer software is converted from one 74 form to another form which is more readily understandable by 75 human beings, including without limitation decoding or 76 decrypting computer software which has been encoded or 77 encrypted in any manner. Section 3. Requirements for enforceability. A person 79 who acquires a copy of computer software will be conclusively 80 deemed to have accepted and agreed to those provisions of the 81 license agreement accompanying the copy which are described 82 in Section 4 below, if: (1) A written legend or notice is affixed to or packaged 84 with the copy of computer software and states clearly that 85 use of the copy of computer software will constitute 86 acceptance of the terms of the accompanying license 87 agreement, or that the opening of a sealed package, envelope or container in which the copy of computer software is 88 contained will constitute acceptance of the terms of the 89 accompanying license agreement; and (2) The legend or notice is affixed to or packaged with 91 the copy of computer software in such a manner that the 92 legend or notice is clearly and conspicuously visible so as 93 to be readily noticeable to a person viewing the copy of 94 software and related packaging; and (3) The legend or notice is prominently displayed in all 96 capital letters and in language which is readily 97 understandable; and (4) The legend or notice states clearly that a person 99 who receives the copy of computer software and does not 100 accept and agree to the terms of the accompanying license 101 agreement may, within a reasonable time, return the unused, 102 unopened copy of computer software to the party from whom it was acquired, or to some other identified party, for a full 103 refund of any money paid for the copy; and 104 (5) The terms of the accompanying license agreement must 106 be clearly and conspicuously stated in the license agreement 107 in language which is readily understandable, and the license 108 agreement must be attached to or packaged with the computer 109 software or copy thereof in such a manner that the terms are 110 readily noticeable before the act which is deemed to constitute acceptance occurs; and (6) The person acquiring the copy of computer software 112 takes such action as is stated in the legend or notice to 113 constitute acceptance of and ageement to the terms of the 114 accompanying license agreement; and (7) No agreement relating to the use, return, resale, 116 copying, decompiling, dissambly or other right related to 117 the computer software has been entered into between the 118 person acquiring the computer software and the person holding 119 the title thereto; and (8) The computer software has not been developed 121 according to the acquirer's specifications or otherwise 122 custom-made either by an outside vendor or an internal 123 department of the acquirer. Section 4. Terms deemed accepted. The following 125 provisions will be deemed to have been accepted under Section 126 3 above if the provisions are included in a license agreement 127 which conforms to the provisions of Section 3: (1) Provisions for the retention of title to the copy of 129 computer software by a person other than the person 130 acquiring the software. (2) If title to the copy of computer software has been 132 retained, provisions for the prohibition of any copying of 133 the copy of computer software for any purpose, limitations on 134 the purposes for which copies of the computer software can be 135 made, or limitations on the number of copies of the computer 136 software which can be made. (3) If title to the copy of computer software has been 138 retained, provisions for the prohibition or limitation of 139 rights to modify or adapt the copy of the computer software 140 in any way, including without limitation prohibiitions on 141 translating, decompiling, disassembling, or creating 142 derivative works based on the computer software. (4) If title to the copy of computer software has been 144 retained, provisions for prohibitions on further transfer, 145 assignment, rental, sale or other disposition of that copy or 146 any other copies made from that copy of the computer 147 software. (5) If title to the copy of computer software has been 149 retained, provisions for prohibition on the use of the copy 150 of computer software on more than one computer at the same 151 time or use of the copy of computer software by more than one 152 individual user at the same time. 152 (6) Provisions for the automatic termination without 154 notice of the license agreement if one of the foregoing 155 provisions of the license agreement is breached. (7) Provisions for award of reasonable attorneys' fees 157 and court costs to the prevailing party in any action or 158 proceeding brought in connection with an alleged breach of 159 one of the foregoing provisions of the license agreement. Section 5. Enforceability. The provisions of this Act 161 will not limit in any manner the effectiveness or 162 enforceability of any of the other provisions of a license 163 agreement accompanying computer software under other 164 provisions of the laws of this State, whether statutory or common law. The provisions of this Act and the 165 enforceability of a license agreement will not be nullified, 166 curtailed or limited by the manner in which the ownership 167 rights are held in the medium on which the computer software is embedded. Section 6. Nothing in this Act shall be construed to 169 alter any rulings of the Illinois Department of Revenue on 170 the taxable status of computer software under the "Use Tax 171 Act", approved July 14, 1955, as amended, the "Service Use 172 Tax Act", approved July 10, 1961, as amended, the "Service 173 Occupation Tax Act", approved July 10, 1961, as amended, or the "Retailers' Occupation Tax Act", approved June 28, 1933, 174 as amended, or any of their related Acts. Section 7. Nothing in this Act shall be construed to 176 affect or alter any existing individual or business rights 177 granted by the copyright laws of the United States, as now 178 or hereafter amended, that such individual or business would 179 have were such individual or business a purchaser of a copy of the computer software that is the subject of the license 180 agreement. Section 8. Nothing in this Act shall be construed to 182 alter or amend any provision of the Consumer Fraud and 183 Deceptive Business Practices Act. 183 Section 9. This Act shall take effect July 1, 1986. 185 Approved September 25, 1985 Effective: July 1, 1986