NET(net), Inc.


The perils of using someone else’s work by jigordon
July 31, 2007, 1:54 pm
Filed under: contract terms

On Saturday in another forum, I noticed a post about boilerplate terms being used in website Terms of Use. The original poster commented that they thought it was quite funny that about 200 websites had all used the same boilerplate language which required any lawsuits to be brought in King County, Washington (where Microsoft is based).

This wouldn’t be nearly as funny if the websites weren’t all based in Australia or New Zealand.

Try this Google search.

Interesting, eh?

Moral of the story? DO NOT USE SOMEONE ELSE’S LANGUAGE UNLESS YOU KNOW THE MEANING AND IMPACT OF EVERY SINGLE WORD!

I understand that we all want to not reinvent the wheel – it doesn’t make sense to redraft an indemnification clause if someone else has already worked up something good. But you’d best understand what you’re including in your contracts.

Now, as for the folks in Australia? Well, I tried sending an e-mail to all of them. I wonder how many will never be read as a result of a spam filter or be dismissed as a joke. [Yep, at least one was taken as a joke and required additional commentary to get them to believe me – and to not think I was soliciting them for something.]

Advertisements

Leave a Comment so far
Leave a comment



Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s



%d bloggers like this: