Mark Lemley on Clickwraps
Mark Lemley of Stanford Law School recently pointed out a problem with clickwraps and other take-it-or-leave-it form contracts. I’ve discussed the same issue in many
August 29, 2022
Mark Lemley of Stanford Law School recently pointed out a problem with clickwraps and other take-it-or-leave-it form contracts. I’ve discussed the same issue in many
Students and trainees often ask me how long a warranty of function should last. And contract negotiators regularly debate it. Someone should do a thorough
[Things don’t stand still in the world of data privacy. Check out our updates: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems; Spring Cleaning: Fix Contract Terms for Data Transfers From The UK;
[Things don’t stand still in the world of data privacy. Check out our updates: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/, and background here – The Clock is Ticking: Are Your Contract Terms
We’re proud to announce that David Tollen was recently cited and relied upon as an expert witness in a Massachusetts appellate decision. The case was
Everyone should know about a new movement: open source contracts. Products and services would be sold under terms posted online by uninvolved third parties —
Here are two vital tips for software distribution contracts. They’re for any software provider retaining another company as a distributor. That includes value-added reseller (VAR)
This post has been superseded by a new version. Please click here. IT providers often add their copyright (DMCA) and privacy policies to their contracts.
Don’t confuse liquidated damages and early termination fees. Liquidated damages compensate a party for the other’s breach of contract. They work like any other damages,
Click here for an updated version of this post. Some companies refuse to accept California law for their deals. In most IT contracts, that’s a
Some contract drafters define material breach in their termination provisions. They find “material” too vague on its own. That’s a mistake because defining the concept
In service contracts, termination for convenience clauses often call for a long notice period. The customer (usually) can terminate for any reason, but it has
During 2020, we developed terms to address Covid-19: a clause that lets the customer suspend professional services and provides a procedure to restart. It looks
In a non-compete clause, one party promises not to compete with the other. In IT contracts, customers sometimes ask their professional services providers for non-compete
“Don’t cross the streams,” says Egon in Ghostbusters (the 1984 original). “It would be bad.” Why? “Try to imagine all life as you know it