RESOLUTION #1

WHEREAS, direct, unmediated and unfettered access to information is
fundamental and essential to scholarly inquiry, academic dialog,
research, the advancement of research methods, academic freedom, and
freedom of speech; and

WHEREAS, complete control by a computer-owner of the computer's
operating system and hardware is essential to the preservation of
privacy and to the use and adaptation of computers in research; and

WHEREAS, the anti-circumvention provision (Sec. 1201) of the Digital
Millennium Copyright Act of 1998 (DMCA) makes it an offense to
circumvent technological use-control measures, thereby criminalizing the
act of obtaining direct access to copyrighted (and even public-domain)
information for legitimate non-copyright-infringing purposes; and

WHEREAS, the proposed Consumer Broadband and Digital Television
Promotion Act (CBDTPA) would cause the erection of an uncircumventible
barrier controlled by third parties between the user of a computer and
the data on that computer, and furthermore create insurmountable
impediments to the adaptation of computers to specific research and
personal needs; and

WHEREAS, the DMCA and CBDTPA, thus undermine the core missions of the
University at Buffalo; now, therefore, be it

RESOLVED that the Faculty of the University at Buffalo call for the
repeal of anti-circumvention provision (Sec. 1201) of the DMCA, and
vehemently oppose the enactment of the CBDTPA; and be it further

RESOLVED that the Faculty of the University at Buffalo call on the
President and Provost of the University to oppose Sec. 1201 of the DMCA
and the CBDTPA publicly, and to lobby within SUNY and the Association of
American Universities to encourage both entities to adopt policies
opposing these pieces of legislation, and any successor legislation that
likewise threatens research and academic freedom.

Drafted by John Ringland, 12:26 PM, April 27, 2002, for consideration by the
Computer Services Committee of the Faculty Senate.
/home/ringland/txt/resolutions_april2002.sdw

RESOLUTION #2

WHEREAS, direct, unmediated and unfettered access to information is
fundamental and essential to scholarly inquiry, academic dialog,
research, the advancement of research methods, academic freedom, and
freedom of speech; and

WHEREAS, complete control by the computer-owner of the computer's
operating system and hardware is essential to the preservation of
privacy and to the use and adaptation of computers in research; and

WHEREAS, Microsoft has consistently created obstacles to the free flow
of information by its extension of open protocols (such as Kerberos),
document formats (such as HTML) and programming languages (such as
Java), in such a way as to create and promote systems, documents, and
programs that are incompatible with non-Microsoft systems; and

WHEREAS, Microsoft intends to facilitate the content industry's current
attempts to wrest control of computers from the users of the computers,
and curtail or entirely eliminate the rights of scholars and the public
to Fair Use of copyrighted material, as is manifest in its patent for a
"Digital Rights Management Operating System" (US Patent #6330670, Dec.
2001), and its development of Secure Audio Path and other technologies
designed to prevent direct access by computer users to data on their own
computers; and

WHEREAS, a closed-source proprietary operating system such as Microsoft
Windows cannot be adapted to specific research needs, or to the special
needs of physically handicapped users; and

WHEREAS, Microsoft's indifference to the rights of scholars and the
public to access information privately or anonymously is clear from the
logging and reporting to Microsoft by Windows Media Player of every DVD
accessed by the user, and by Microsoft's response to the revelation of
this; and

WHEREAS, substantial dependence of the University at Buffalo on
Microsoft operating systems and/or application software will render the
University powerless to resist unreasonable price increases for
Microsoft software licenses; and

WHEREAS, the use of closed proprietary document formats and information
management systems to store the work of faculty, students, and staff
limits flexibility of access to the information, and jeopardizes access
itself in the long term; and

WHEREAS, an alternative to Microsoft operating systems and application
software that is robust, reliable and trustworthy - namely open-source,
or "free" software - is available, and provides a means for the
University community to retain complete control of its computer hardware
and software, and to retain the rights of Fair Use of information and
preserve the means to adapt computer systems to specific research and
personal needs; and

WHEREAS, open-source software has (in almost all cases) zero licensing cost; and

WHEREAS, the exclusive or predominant use of proprietary operating
systems and application software is, for the reasons enumerated above,
detrimental to the core missions of the University at Buffalo; and

WHEREAS, open-source software provides an alternative through whose use
the core missions of the University at Buffalo can be preserved,
nurtured, and enhanced; now, therefore, be it

RESOLVED that the Faculty of the University at Buffalo call on the
University to provide full support for the use by students, faculty, and
administrators of the GNU/Linux operating system at a level at least
equal to that provided for Microsoft Windows;

RESOLVED that the Faculty of the University at Buffalo call on the
University to provide support for the use by students, faculty, and
administrators, of OpenOffice or another open-source productivity suite,
at a level at least equal to that provided for Microsoft Office;

RESOLVED that the Faculty of the University at Buffalo call on the
University to provide support for the use by students, faculty, and
administrators, of open-source alternatives to proprietary application
software wherever possible; and be it further

RESOLVED that the Faculty of the University at Buffalo call on the
University to implement a policy of promoting open document formats and
communication protocols wherever possible, and discouraging the use of
closed proprietary formats (such as Microsoft Word format) for general
communication in cases where open formats (such as plain text or HTML)
would serve just as well (but without intent to preclude the use of
proprietary formats between consenting parties).

Drafted by John Ringland, 12:26 PM, April 27, 2002, for consideration by the
Computer Services Committee of the Faculty Senate.
/home/ringland/txt/resolutions_april2002.sdw Document created with
OpenOffice running on GNU/Linux.