Delaware General Assembly

LOT 6/18/03

The General Assembly has ended, the current status is the final status.

6/10/03

Roy

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CHOICE OF LAW AND FORUM FOR COMPUTER INFORMATION AGREEMENTS.

Several states have adopted the Uniform Computer Information Transactions Act “UCITA” to standardize the rules for licensing all types of software transactions. The UCITA is a controversial proposal that favors the needs of software licensors and on-line access providers to the detriment of most end-users. This Bill is defensive legislation to protect Delaware citizens from the UCITA enacted in other states. By voiding a choice of law or forum provision Delaware citizens will not be governed by the UCITA enacted in another state but will be subject to Delaware law. This law is sometimes referred to as a “bomb shelter” protecting a state’s citizens from laws of another state. Iowa, North Carolina and West Virginia have enacted a similar “bomb shelter”.

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Takes effect upon being signed into law

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