Vendors get right to shut down users' systems

The Federation Against Software Theft (FAST) has issued a warning about legislation which gives software vendors the right to shut down users' systems.

The legislation - called the Uniform Computer Information Transaction Act (UCITA) - allows vendors to shut down a company's system remotely if they suspect a software licensing agreement has been breached.

The rules have been drafted in the US and are currently being adopted at a state level. Last week Maryland officially became the second state to ratify the legislation.

As most software licences are drafted in the US, there will be an impact on users in Europe.

Laurie Westwood, regional investigator at FAST - which traditionally campaigns for stricter control of software - said that the Bill's provisions do go too far, and advised end users to be aware of its implications.

Frank Coyle, IT director of John Menzies, called the law ridiculous. He said: "The idea of business critical software being switched off, simply because some vendor has made a clerical error, is laughable. If anyone believes we're going to let anyone have remote access to our disk so they can check what we're doing, they've really got another thing coming."

Robert Dickie, IT manager at engineering company McKean & Co, said: "You might as well pack up your bags and go home as let someone in to your hard drive."

Geoff Petherick, CEO of the UKCMG and chairman of a EURIM working party on the issue, said software licences are strong enough as they stand, pointing out the Bill swung the pendulum of control far too far in favour of the vendor.

However, a partner at law firm Tarlo Lyons, Robert Carolina, said the possible impact of the legislation has been exaggerated. He insisted: "A vendor can only switch off software if certain procedures have been gone through - the user would certainly be well aware of it."