ARCHIVED: Library Community Concerns with the Current Draft of Article 2B of the Uniform Commercial Code

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October 13, 1998

Charles Alan Wright
President
American Law Institute
4025 Chestnut Street
Philadelphia, PA 19104

Dear Mr. Wright:

On behalf of our thousands of member libraries and librarians around the country, the four undersigned library associations are writing to inform you of our grave concerns with the current draft of Article 2B of the Uniform Commercial Code. Libraries are integral players in the information economy and the broader information society. Everyday we seek to promote learning and innovation through the transfer of knowledge and information. We are concerned that Article 2B, as currently proposed, will seriously hinder this traditional and broadly accepted mission.

Attached is a letter detailing our primary substantive concerns about Article 2B which relate to its scope, treatment of federal preemption, and proposed implementation of the Perlman "public policy" motion overwhelmingly approved at NCCUSL's annual meeting in Cleveland. Having once again provided specific suggestions for changes to the current draft in the spirit of constructive criticism, we wish to emphasize that, at this advanced stage in the drafting process, we share the concerns of many other organizations, including the Motion Picture Association of America, that the draft may be fatally flawed.

While the efforts of the Drafting Committee have been commendable, the UCC 2B project does not seem to have successfully made the transition from its beginnings as a framework for transactions in computer software to a proscriptive statute germane to all commerce in information. Frankly, we are not confident that it will be possible to meet the legitimate needs and concerns documented by an increasing number of significant public and private sector groups under the committee's prevailing assumptions.

Accordingly, we respectively encourage you and the other leaders of the American Law Institute to consider whether the Article 2B project should be either halted or radically adjusted.

We appreciate your consideration of our concerns.

Sincerely,

Robert Oakley
Washington Affairs
Representative
American Association of Law Libraries

Carol C. Henderson
Executive Director,
Washington Affairs
American Library Association

Duane E. Webster
Executive Director
Association of Research Libraries

David Bender
Executive Director
Special Libraries Association

cc: Geoffrey Hazard, Jr., Director, American Law Institute

Encs: October 8, 1998 Letter to Carlyle C. Ring and Raymond T. Nimmer Library Community Comments on Selected Sections of Article 2B