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