am a member of the National Writers Union (UAW Local 1981) and I write to you in opposition to the current draft of Uniform Commercial Code Article 2B.
Once again, my union has urged the Committee to exclude *all* creators of text content from the scope of Article 2B. As you know, we have now been joined in the opposition to 2B as it currently drafted by leading members of the information industry. Put simply, the Drafting Committee has gone far beyond its original mandate to establish rules governing software licensing. As the union has noted in its most recent memo to you, there is no reason that creators of text content should be covered by Article 2B since there is a long tradition of common law and statute (the Copyright Act) which governs the relationships between creators of text content and producer-publishers of their work.
I will also note here that I am not only opposed to 2B as a writer.
As a reader, I oppose the language that amounts to a shrink-wrap cancellation of fair- use and first-sale rights. As a researcher, I oppose the destruction of fair use, especially with respect to electronically accessible resources, through shrink- wrap prohibitions, of existing and traditional library-copying privileges as protected by federal copyright provisions. Finally, as a proponent of free expression, I am deeply concerned that, through legally binding "shrink wrap" licenses, 2B invites efforts to prohibit the ability to criticize or even discuss the contents of software or printed contents of information products which are commercially sold.
2B should be shelved. At the very least, you must adopt the changes suggested by my union: remove all creators of text from the scope of Article 2B. If it is not, I will join with my union in opposing 2B if it comes before state legislatures.