licensinghandbook.com » fun http://www.licensinghandbook.com The companion site to the Software Licensing Handbook Mon, 17 May 2010 15:07:13 +0000 en hourly 1 http://wordpress.org/?v=3.3 This Week on The Web 2009-10-11 http://www.licensinghandbook.com/2009/10/11/this-week-on-the-web-2009-10-11/ http://www.licensinghandbook.com/2009/10/11/this-week-on-the-web-2009-10-11/#comments Sun, 11 Oct 2009 14:32:13 +0000 Jeff http://www.licensinghandbook.com/?p=1222 These are the discussions that happened around the web this week – maybe you already read about them, maybe you need to again.  Come join the party on twitter (follow me here and you’ll participate in the conversation live.)

I also realized that many of you might have no idea what you’re seeing below.  Sorry.  These are “tweets”, 140 maximum character messages sent via Twitter.  Within the Twitterverse individual users follow others and have followers (think of it like overlapping Venn diagram circles).  To read a tweet, you have to wade through a bit of jargon used to make the most of the 140 character limitation.  “RT” for example, is shorthand for “Re-tweet” and the @____ is the username of some other individual on Twitter.  Combined together, then, “RT @_____” means that someone else wrote a tweet that I found important and I now want to forward along to my followers.  The URL’s are then also shortened by shortening services like bit.ly to make the most of the character limitation, too.  Lastly, you might see “hash” identifiers “#______” which are ways to tag tweets of a particular flavor for easy searching later and “<” which means that I am commenting on what came before it.

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 – namely, reading a contract from start to finish.  Follow me on Twitter if you want up-to-the-minute information on contracting, licensing, negotiation and the law.

]]> http://www.licensinghandbook.com/2009/10/11/this-week-on-the-web-2009-10-11/feed/ 0 This Week on The Web 2009-09-13 (my birthday edition) http://www.licensinghandbook.com/2009/09/13/this-week-on-the-web-2009-09-13-my-birthday-edition/ http://www.licensinghandbook.com/2009/09/13/this-week-on-the-web-2009-09-13-my-birthday-edition/#comments Sun, 13 Sep 2009 14:32:33 +0000 Jeff http://www.licensinghandbook.com/?p=1178 It happens to be my birthday weekend and between eating some great food, playing Guitar Hero with my wife and hanging with the family, these are the things that happened around the web this week – maybe you already read about them, maybe you need to again – there were some REALLY great discussions going on.  Come join the party on twitter (follow me here and you’ll join the conversation live.)

I also realized that many of you might have no idea what you’re seeing below.  Sorry.  These are “tweets”, 140 maximum character messages sent via Twitter.  Within the Twitterverse individual users follow others and have followers (think of it like overlapping Venn diagram circles).  To read a tweet, you have to wade through a bit of jargon used to make the most of the 140 character limitation.  “RT” for example, is shorthand for “Re-tweet” and the @____ is the username of some other individual on Twitter.  Combined together, then, “RT @_____” means that someone else wrote a tweet that I found important and I now want to forward along to my followers.  The URL’s are then also shortened by shortening services like bit.ly to make the most of the character limitation, too.  Lastly, you might see “hash” identifiers “#______” which are ways to tag tweets of a particular flavor for easy searching later and “<” which means that I am commenting on what came before it.

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 – namely, reading a contract from start to finish.  Follow me on Twitter if you want up-to-the-minute information on contracting, licensing, negotiation and the law.

]]> http://www.licensinghandbook.com/2009/09/13/this-week-on-the-web-2009-09-13-my-birthday-edition/feed/ 0 My Lego Love is Fast Fading http://www.licensinghandbook.com/2009/08/28/my-lego-love-is-fast-fading/ http://www.licensinghandbook.com/2009/08/28/my-lego-love-is-fast-fading/#comments Fri, 28 Aug 2009 14:32:56 +0000 Jeff http://www.licensinghandbook.com/?p=1143 I’ve loved Lego since I was a little kid.  I haven’t really counted, but I’m guessing I still have (in large crates in my garage) somewhere around 300+ Lego sets of varying size.  There’s something about allowing your creativity to roam that really interests me.  And as a company, the Lego Group has also been of keen interest from an intellectual property perspective ever since they started becoming sticklers about calling Lego blocks “Lego Bricks and Toys”.  But I think they’ve crossed the line recently with a “rejection” preventing the mock-rock group Spinal Tap from including a Lego-brick-based stop-motion video on their latest DVD.

I use the word rejection in quotes in the prior sentence because I don’t think that the Lego Group had any rights on which to make their claim.  Per the article, Lego Group claimed copyright over the figures themselves (known in Lego parlance as a “minifig”) whereas Spinal Tap’s IP lawyer clearly states that they weren’t intending to show the Lego Group’s logo or use the word Lego anywhere in the DVD.  Copyright protects written and visual works embodied in a tangible medium of expression.  So I’m trying to figure out how the Lego Group thinks that they have a copyright over the minifigs themselves.  I just don’t see it.  Even from a search at the US Copyright Office, what I see are a slew of Lego registrations over the various books, stories, videogames and logos.  I also see one deemed a “sculpture”, which I can only assume is a large version of one of the Lego minifig.  But then the copyright would only cover that sculpture itself – not necessarily every little conceivable permutation of Lego minifig made possible by the myriad tops, bottoms, heads, hair and accessories available.

But even assuming that Lego holds a copyright in the general design of a Lego minifig, would the use for this DVD not qualify as fair use?  I’m not sure it would – it’s parody, but not of Lego… it’s for profit… it “takes” the entire work.  OK.  Fair use is out.  (Which blows Spinal Tap’s attorney’s idea away, too.)

So if the minifig IS registered, yet is distributed 4 billion times (per their company profile)… without any kind of licensing document attached to it… by a company that zealously protects its intellectual property rights… leads me to believe that even the Lego Group knows that they’re on shaky ground.  [Interestingly enough, their company profile also tells the story about the company receiving a patent for their "Lego System" in 1958 - which would have long since expired.  In the US, usually (but not always), intellectual property is protected by only one type of protection.  You don't get to gain a copyright after your patents run out.  Either it's a tangible, useful good... or it's a work of art.]

All in all, I think Spinal Tap gave up WAAAAAAYYYY too early on this one.  What’s next?  Do recording artists need the permission of their guitar manufacturers (which, btw, are covered by copyright by some designers) to play their guitars in their videos?  Of course not.  The guitar manufacturer still holds copyright – but they gave UP the right to restrict where it was played in order to sell the guitar.  Same is true for the Lego Group.

Anyone else wanna’ weigh in on this?

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 – namely, reading a contract from start to finish.  Follow me on Twitter if you want up-to-the-minute information on contracting, licensing, negotiation and the law.

]]> http://www.licensinghandbook.com/2009/08/28/my-lego-love-is-fast-fading/feed/ 0 Lease by XKCD http://www.licensinghandbook.com/2009/07/30/lease-by-xkcd/ http://www.licensinghandbook.com/2009/07/30/lease-by-xkcd/#comments Thu, 30 Jul 2009 14:32:14 +0000 Jeff http://www.licensinghandbook.com/?p=1093 Another fabulous comic by Randall Munroe:

lease

]]> http://www.licensinghandbook.com/2009/07/30/lease-by-xkcd/feed/ 0 What You See is NOT Always What You Get http://www.licensinghandbook.com/2009/07/09/what-you-see-is-not-always-what-you-get/ http://www.licensinghandbook.com/2009/07/09/what-you-see-is-not-always-what-you-get/#comments Thu, 09 Jul 2009 14:32:30 +0000 Jeff http://www.licensinghandbook.com/?p=1053 Several months ago, I posted the backwards paragraph to demonstrate the immense power of the brain to fill in gaps or to make sense out of the nonsensical.  Understanding this brain functionality is important when you’re trying to communicate with others because of this difference between reality and perception.

But it’s not just words (the parietal lobe) but also the occipital lobe (colors and shapes) that can create this distortion.

So, what does all of this really have to do with contracts?  Well, besides communicating with others, the problem I’ve seen in the recent past has been an increase in the number of missing words in contract templates.  Now, I’m not talking about significant words – “liability” isn’t absent, for example.  It’s an article of speech – an “an”, “a”, “the”, etc – that’s forgotten… or a word improperly capitalized.  And your brain simply fills in the gap(s).

Of course, it might not be a big deal.  But can you see that there is a difference between “the Services” (with a defined term), a service, or a Service?  The Services could mean a group of behaviors, “a service” could simply be a single service component of the Services… or it could be a service separate and apart from any of the services.  Which means that “a Service” could be one of several behaviors, but not all of them.  The key here is learning to read in a different mode.  Similar to the difference in reading a contract compared to reading a fiction novel, copy editing is a completely different style designed to produce a different result.  Mastery of these different styles will help you become a better contract drafter and reviewer.

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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2009/07/09/what-you-see-is-not-always-what-you-get/feed/ 0 On the Fastrack, June 19, 2009 http://www.licensinghandbook.com/2009/06/20/on-the-fastrack-june-19-2009/ http://www.licensinghandbook.com/2009/06/20/on-the-fastrack-june-19-2009/#comments Sat, 20 Jun 2009 14:32:39 +0000 Jeff http://www.licensinghandbook.com/?p=987 I’ve mentioned before that there are a lot of great comics out today that, every once and awhile, touch on contracts and/or negotiation topics. On the Fastrack is another:

(Click on it to see it full-sized.)

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 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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2009/06/20/on-the-fastrack-june-19-2009/feed/ 0 Interesting Tidbits http://www.licensinghandbook.com/2009/06/19/interesting-tidbits/ http://www.licensinghandbook.com/2009/06/19/interesting-tidbits/#comments Fri, 19 Jun 2009 14:32:43 +0000 Jeff http://www.licensinghandbook.com/?p=984 I’ve not done this before, but given that I just got off vacation and have an inbox that would scare most people, I thought a few tidbits of things passing my desk might be of interest to you:

The Ideological History of the Supreme Court of the United States

A White Paper on Insurance Coverage for Cyber Security Losses (e-mail required)

The Applicator on “Chiseling on Demand”

Thirty Interview Questions You Can’t Ask and Thirty Sneaky, Legal Alternatives to Get the Same Info (hat tip to D.C. Toedt)

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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2009/06/19/interesting-tidbits/feed/ 0 Interesting Contract Terms http://www.licensinghandbook.com/2009/06/04/interesting-contract-terms/ http://www.licensinghandbook.com/2009/06/04/interesting-contract-terms/#comments Thu, 04 Jun 2009 14:32:07 +0000 Jeff http://www.licensinghandbook.com/?p=971 If you’ve ever talked with me for more than a few minutes, you’ll discover that I’m a huge Disney geek.  I love the movies, of course… but the Parks are my favorite.  I’d live at Disney World if I could… and apparently, I’m not the only one.  While doing an online early checkin today, here is an excerpt of the terms I got back from the Disney Company:

Neither I nor any member of my party occupying any resort accommodation have/has any intention of making, and will never make, this resort accommodation a legal domicile or principal dwelling. My/our legal domicile is and shall forever be outside the Walt Disney World Resort.

Too funny.

]]> http://www.licensinghandbook.com/2009/06/04/interesting-contract-terms/feed/ 1 My life… in real world situations http://www.licensinghandbook.com/2009/05/29/my-life-in-real-world-situations/ http://www.licensinghandbook.com/2009/05/29/my-life-in-real-world-situations/#comments Fri, 29 May 2009 14:33:16 +0000 Jeff http://www.licensinghandbook.com/?p=961 You’d think this wouldn’t be how it sounds… but they’re pretty dead on.

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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2009/05/29/my-life-in-real-world-situations/feed/ 0 Software Licensing Handbook in Sales Contest http://www.licensinghandbook.com/2009/05/14/software-licensing-handbook-in-sales-contest/ http://www.licensinghandbook.com/2009/05/14/software-licensing-handbook-in-sales-contest/#comments Thu, 14 May 2009 14:32:45 +0000 Jeff http://www.licensinghandbook.com/?p=936 Ok, so your reaction to the title would probably be mine, too: “who cares if the SLH is in a sales contest?”.

Well, perhaps you will… if you were thinking about buying a copy, Lulu is offering a 10% discount off the list price for this May sales contest event.

To take advantage of the sale through the month of May, simply order here and at checkout, enter code “MAYCONTEST10″.

Thank you all for your support (whether you’ve bought the book, are buying one, or just read my little missives here)!

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 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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2009/05/14/software-licensing-handbook-in-sales-contest/feed/ 0 Guth Studying for the Bar http://www.licensinghandbook.com/2009/04/24/guth-studying-for-the-bar/ http://www.licensinghandbook.com/2009/04/24/guth-studying-for-the-bar/#comments Sat, 25 Apr 2009 02:32:13 +0000 Jeff http://www.licensinghandbook.com/?p=910 Our good friend Stephen Guth of The Vendor Management Office has been on hiatus recently, studying to take (and probably ace) yet another bar exam.  For those of you who have never tried one, I don’t recommend it.  Usually 2+ days long, 6-8 hours per day.  One half is typically a 200+ multiple-choice question exam called the Multi-State Bar Exam.  The other half is typically essays, based on the substantive state laws of whatever state bar you’re trying to pass.  Recently graduated law students typically spend about a month in bar-prep courses prior to the exam – trying desperately to learn the substantive law of their chosen state (you don’t have to go to school where you want to pass the exam – so most schools don’t “teach to the test”).

It’s grueling work – and if you’re like Stephen – having already passed in one venue and then doing it all over again in another many years after law school, it’s even more difficult – you simply have forgotten much of what you learned that’s outside your practice area.  So Stephen’s disappearance is highly warranted – between work, studying and his personal life, I’m surprised he’s still breathing… or sane.  Which might account for this random post that just appeared on his site.

Stephen:  if you’re out there and listening – hang in there buddy!  You’re gonna’ nail that exam.

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 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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2009/04/24/guth-studying-for-the-bar/feed/ 0 Friday Fun http://www.licensinghandbook.com/2009/04/24/friday-fun/ http://www.licensinghandbook.com/2009/04/24/friday-fun/#comments Fri, 24 Apr 2009 14:32:57 +0000 Jeff http://www.licensinghandbook.com/?p=908 I found an interesting site that covers the trial and tribulations of customer service representatives – stories from the frontlines.  A few even relate to negotiation (and one on contracts), so I thought I would share:

The Lesser of Two Evils

Reorientation Disorientation

They Start So Young

Why Our Contracts Are a Gazillion Pages Long

Have a great weekend!

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 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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2009/04/24/friday-fun/feed/ 0 Wonder what would happen if this was done in the IT space http://www.licensinghandbook.com/2009/04/15/wonder-what-would-happen-if-this-was-done-in-the-it-space/ http://www.licensinghandbook.com/2009/04/15/wonder-what-would-happen-if-this-was-done-in-the-it-space/#comments Wed, 15 Apr 2009 14:32:37 +0000 Jeff http://www.licensinghandbook.com/?p=904 This type of survey would actually never work in the IT vendor world (versus vendors or versus customers) for two reasons:  1.  Almost all customer contracts contain confidentiality provisions which would restrict disclosure; and 2.  Almost all vendors would simply shut off access to the service or support (or the license remotely) if the customer didn’t pay.

But I would be interested, nonetheless, to know who the really bad customers are out there.

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 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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2009/04/15/wonder-what-would-happen-if-this-was-done-in-the-it-space/feed/ 0 Art imitates life http://www.licensinghandbook.com/2009/03/04/art-imitates-life/ http://www.licensinghandbook.com/2009/03/04/art-imitates-life/#comments Thu, 05 Mar 2009 02:32:55 +0000 Jeff http://www.licensinghandbook.com/?p=837 There are a lot of great comics out today that, every once and awhile, touch on contracts and/or negotiation topics. Adam@Home and Sheldon are two of them:

(Click on each to see it full-sized.)

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 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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2009/03/04/art-imitates-life/feed/ 0 FriendDA http://www.licensinghandbook.com/2009/02/10/friendda/ http://www.licensinghandbook.com/2009/02/10/friendda/#comments Tue, 10 Feb 2009 16:08:10 +0000 Jeff http://www.licensinghandbook.com/?p=493 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 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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2009/02/10/friendda/feed/ 0 Grape Licensing http://www.licensinghandbook.com/2008/09/22/grape-licensing/ http://www.licensinghandbook.com/2008/09/22/grape-licensing/#comments Mon, 22 Sep 2008 13:32:29 +0000 Jeff http://www.licensinghandbook.com/?p=324 I saw this the other day:

Sunset Seedless grape package

Sunset Seedless grape package

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 be appreciated.  :)

From boingboing.

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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2008/09/22/grape-licensing/feed/ 0 Airline Negotiation Story http://www.licensinghandbook.com/2008/09/11/airline-negotiation-story/ http://www.licensinghandbook.com/2008/09/11/airline-negotiation-story/#comments Fri, 12 Sep 2008 01:32:05 +0000 Jeff http://www.licensinghandbook.com/?p=300 Mitchell Burns didn’t like the story Delta told him about the reason for a flight delay.  So he took it upon himself to not only fix his situation, but successfully sue Delta for the cost of the fix.

Because this was a case of default judgment (Delta didn’t fight back), there’s no precedent for restitution in this case (in other words, don’t think that you can always do what Mitchell did and get your money back from the airlines).  So as much as I would love this case to be about contracts AND negotiation, it’s only about negotiation.

So, pay close attention to his negotiation style.  He had a goal, was willing to negotiate even with judgment in his favor, and used alternatives to get what he wanted.

Excellent job, Mitchell!

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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2008/09/11/airline-negotiation-story/feed/ 0 More Dilbert http://www.licensinghandbook.com/2008/09/09/more-dilbert/ http://www.licensinghandbook.com/2008/09/09/more-dilbert/#comments Tue, 09 Sep 2008 12:30:21 +0000 Jeff http://www.licensinghandbook.com/?p=260 Dilbert Cartoon

Dilbert Cartoon 9/9/08

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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2008/09/09/more-dilbert/feed/ 0 Two Dilberts on Contracts http://www.licensinghandbook.com/2008/08/30/two-dilberts-on-contracts/ http://www.licensinghandbook.com/2008/08/30/two-dilberts-on-contracts/#comments Sat, 30 Aug 2008 13:32:24 +0000 Jeff http://www.licensinghandbook.com/?p=229 I love Scott Adams – he has an unnatural ability to truly capture the essence of whatever he points his pen towards. The last two days have been contracts:

(Click on each to see it full-sized.)

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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2008/08/30/two-dilberts-on-contracts/feed/ 0 A Kiss is Not a Contract http://www.licensinghandbook.com/2008/07/24/a-kiss-is-not-a-contract/ http://www.licensinghandbook.com/2008/07/24/a-kiss-is-not-a-contract/#comments Thu, 24 Jul 2008 13:32:09 +0000 Jeff http://www.licensinghandbook.com/?p=167

Thanks to the folks over at ContractsProf Blog (one of whom teaches at my alma mater) for finding this (and thanks to Flight of the Conchords for writing/recording it)!

[The underlying humor on this is the concept of consideration - that there has to be a mutuality to the arrangement.  It's the reason you'll see "for good and valuable consideration" or "for one dollar and other valuable consideration" on some contracts.  Each side has to "give" something to the other.]

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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2008/07/24/a-kiss-is-not-a-contract/feed/ 0 Force Majeure for the 21st Century http://www.licensinghandbook.com/2008/06/09/force-majeure-for-the-21st-century/ http://www.licensinghandbook.com/2008/06/09/force-majeure-for-the-21st-century/#comments Mon, 09 Jun 2008 14:32:08 +0000 Jeff http://www.licensinghandbook.com/?p=126 Chadwick Busk over on his blog “The Fine Print:  Musings of a Corporate Contracts Lawyer”, has a great post on the changes needed in your standard force majeure clause to deal with issues from the new millennium.

“Either party’s non-performance of this Agreement shall be excused to the extent that it is caused by any of the following events:

…

(iv) Destructive power unleashed by any of the following: the finding of the remaining crystal skulls, the reverse engineering of alien technology, or the discovery of the Ark of the Covenant.”

Go read the full post here.

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 – namely, reading a contract from start to finish.

]]> http://www.licensinghandbook.com/2008/06/09/force-majeure-for-the-21st-century/feed/ 0 Cna yuo raed tihs? Olny 55 plepoe out of 100 can. http://www.licensinghandbook.com/2008/01/15/cna-yuo-raed-tihs-olny-55-plepoe-out-of-100-can/ http://www.licensinghandbook.com/2008/01/15/cna-yuo-raed-tihs-olny-55-plepoe-out-of-100-can/#comments Tue, 15 Jan 2008 14:54:39 +0000 Jeff http://licensinghandbook.com/?p=76

Cna yuo raed tihs? Olny 55 plepoe out of 100 can. i cdnuolt blveiee taht I cluod aulaclty uesdnatnrd waht I was rdanieg. The phaonmneal pweor of the hmuan mnid, aoccdrnig to a rscheearch at Cmabrigde Uinervtisy, it dseno’t mtaetr in waht oerdr the ltteres in a wrod are, the olny iproamtnt tihng is taht the frsit and lsat ltteer be in the rghit pclae. The rset can be a taotl mses and you can sitll raed it whotuit a pboerlm. Tihs is bcuseae the huamn mnid deos not raed ervey lteter by istlef, but the wrod as a wlohe. Azanmig huh? yaeh and I awlyas tghuhot slpeling was ipmorantt!

from http://swissmiss.typepad.com/weblog/2008/01/cna-yuo-raed-ti.html

Forget about automated spell-checkers for a moment… I wonder what effect this would have on contract reviews.  Or, more specifically, contract accuracy?  Would it matter at all?  Thoughts?

]]> http://www.licensinghandbook.com/2008/01/15/cna-yuo-raed-tihs-olny-55-plepoe-out-of-100-can/feed/ 0 A Fair(y) Use Tale http://www.licensinghandbook.com/2007/08/24/a-fairy-use-tale/ http://www.licensinghandbook.com/2007/08/24/a-fairy-use-tale/#comments Fri, 24 Aug 2007 11:31:00 +0000 Jeff http://licensinghandbook.com/?p=43 In this special TGIF edition of the Licensinghandbook Blog, take 10 minutes out of your busy day to watch the following “Fair(y) Use Tale” by Eric Faden. If you’ve ever wondered about copyright law and the fair use exception, there aren’t many better ways to learn:


The Licensing Handbook Blog is the companion site to the Software Licensing Handbook. Covering a licensing topic every Tuesday, I attempt to offer advice, add humor and sometimes even a bit of wit to a practice that most people find abhorrent – namely, reading a contract from start to finish.

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