CISSP Exam Preparation (Question 255)

(255) The U.S. Uniform Computer Information Transactions Act (UCITA) is a:

A. Model act that is intended to apply uniform legislation to electronic 
credit transactions

B. Model act that is intended to apply uniform legislation to software 
licensing

C. Model act that addresses electronic transactions conducted by financial 
institutions

D. Model act that addresses digital signatures

Explanation:

The National Commissioners on Uniform State Laws (NCUSL) voted to approve the Uniform Computers Information Transactions Act (UCITA) on July 29, 1999. This legislation, which will have to be enacted state-by-state, will greatly affect libraries access to and use of software packages. It also will keep in place the current licensing practices of software vendors. At the present time, shrink-wrap or click-wrap licenses limit rights that are normally granted under copyright law. Under Section 109 of the U.S. 1976 Copyright Act, the first sale provision permits the owner of a particular copy without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy. However, the software manufacturers use the term license in their transactions. As opposed to the word sale, the term license denotes that the software manufacturers are permitting users to use a copy of their softwarE . Thus, the software vendor still owns the softwarE . Until each state enacts the legislation, it is not clear if shrink-wrap licenses that restrict users rights under
copyright law are legally enforceablE . For clarification, shrink-wrap licenses physically accompany a disk while click-on and active clickwrap licenses are usually transmitted electronically. Sometimes, the term shrink-wrap is interpreted to mean both physical and electronic licenses to use softwarE . The focus of the UCITA legislation is not on the physical media, but on the information contained on the media.

- Muhammad Idham Azhari