Proposals which would force a vendor to err on the side of caution and which would provide penalties for improper and abusive use of the practice have been largely ignored. The Committee has disregarded the reality that there are far more consequences flowing from the improper exercise of self-help than in forcing a vendor to follow a reasonable process before taking such action. The current draft proposes to deal with the topic of electronic commerce, a very important issue which has implications far beyond those contemplated by the Committee. The topic is the subject of other proposed laws and should be the subject of far more scrutiny. This provision should apply to all licensees.
Any distinction based on the nature of the transaction is illogical and bad public policy.
Section 209 says that if a vendor delivers software without a contract the vendor's standard scope of use terms govern. The discouragement of a fairly-bargained contract is certainly not an end result which should be fostered by a commercial statute. Section 307 sets a default rule that a license is for only one user unless otherwise stated. In a commercial setting this is a patently ridiculous concept. There are currently in practice a wide range of license model options, including site licenses, corporate-wide licenses, licenses tied to particular hardware, and many other variations.