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the man of twists and turns — Wed, 01 May 2013 10:37:57 -0800

Imagine you’ve clicked on your computer screen to accept a contract to purchase a good or service—a contract, you only realize later, that’s straight out of Kafka. The widget you’ve bought turns out to be a nightmare. You take to Yelp.com to complain about your experience—but lo, according to the contract you have given up your free speech rights to criticize the product. Let’s also say, in a fit of responsibility, (a bit fantastic, I know) you happened to have printed out this contract before you “signed” it, though you certainly hadn’t read through the thing, which is written, literally, on a “twenty-seventh grade” reading level. Well, you read it now (perhaps with the help of a friend who’s completed the twenty-seventh grade). And you see that there was nothing in the contract limiting your right to free speech at the moment you signed it. That part was added later. Your friend with the twenty-seventh-grade education points to the clause in the contract in which you’ve granted this vendor-from-hell the right to modify the terms of the contract, unilaterally, at any time into the vast limitless future.

Small Print, Big Problem (part II) fair contracts.org asks "what have you agreed to today?" The Guardian: Not reading the small print can mean big problems. Do users read license agreements? - "The short answer is no." Adobe demands 7,000 man-years a day from humankind in time to read the EULA. Do Lawyers Actually Read Boilerplate Contracts? Looks like some Circuit Court judges and one Supreme Court Justice do not. You should always Read The Fine Print.

The License Agreement that Swims Up and Bites You in the Ass

Apropos of Something — Wed, 08 Jun 2011 07:53:17 -0800

Richard Dreyfuss Reads the iTunes EULA. Via Boing Boing.

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The License Agreement that Swims Up and Bites You in the Ass