EFF Announces the Terms of Service Tracker

This is perfect and absolutely wonderful. Too bad they’re not tracking more. The Licensing Handbook Blog is the companion site to the Software Licensing Handbook. Covering licensing topics on a regular basis, Jeffrey Gordon attempts to offer advice, add humor and sometimes even a bit of wit to a practice that most people find abhorrent [...]

Facebook’s Voting on ToS

[Disclaimer:  While I'm a Facebook user, I do not know all of the ins and outs of this particular issue, as I've not paid too much attention since they rolled back to the old ToS.] Facebook has announced that they plan to have members vote on the new Terms of Service they’ve been working on.  [...]

FriendDA

Funny, but I wouldn’t rely on it for anything.  The current economic situation is encouraging many organizations to reconsider their current contractual relationships.  Contact me before your opponent does to find out how to make the most of your renegotiations.  The Licensing Handbook Blog is the companion site to the Software Licensing Handbook. Covering licensing [...]

Separation Agreements and Releases

[Disclaimer:  This is one of my rare posts that talks about some heavy legal topics.  Remember that I'm not licensed, I'm not your attorney and nothing below is legal advice.  If you or someone you know is going through the stuff below, please contact an employment lawyer in your area for accurate and comprehensive legal [...]

EULAs: The “I’m Rubber, You’re Glue” Edition

Back in August, I wrote about Cracking the EULA’s shell.  In that instance, a California court was headed down the path of declaring EULAs as contracts of adhesion.  This was a pretty hard blow to the EULA’s drafter (the vendor). Today is a new EULA case, with a twist.  Long story short, a court ruled [...]

Grape Licensing

I saw this the other day: and I’ve been thinking about the implications…  is it really possible to add this type of condition?  I think I agree with Madisonian’s evaluation of the situation, assuming that the grapes are patented.  But what if they’re not patented?  Can you restrict usage of a purchased good?  Thoughts would [...]

More on using other people’s work

I’ve written before on the topic of using other people’s work as the basis for your contracts. Google apparently didn’t learn that they need to not necessarily borrow from themselves, either, for the EULA related to Google’s new browser, Chrome. But the bigger issue in this new EULA from Google were the terms itself.  Specifically, [...]

Lost in Translation

I downloaded an application this morning. All seemed well at first. The download was simple, installation was as easy as dragging the application to my Applications folder. I fully expected some sort of click-through agreement. What I didn’t expect was that an application that was completely (up to this point) obviously written by a fluent [...]

Open Source Software Conditions versus Covenants

Meredith Miller, over on ContractsProf Blog, posted part of a review of an extremely interesting case the other day from the EFF‘s Michael Kwun. I won’t attempt a rehashing of the analysis – the original is good enough.  But I will summarize.  In the case, the Federal Circuit Court drew a distinction between conditions (those [...]

Cracking the EULA’s Shell

Wired Magazine has posted an article by Jennifer Granick regarding a few California cases (state and federal) where the judge has decided that the terms of the EULA aren’t as ironclad as they have been for the last 12 years.  Generally speaking, the state court ruled that the terms of an EULA are generally procedurally [...]

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