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mcherm : contractlaw   44

Apple Stole My Music. No, Seriously. | vellumatlanta
Apple's music service deletes all music from your disk when it installs itself.
apple  law  ip-law  contractlaw  via:HackerNews 
may 2016 by mcherm
My Heroic and Lazy Stand Against IFTTT (Pinboard Blog)
IFTTT wants pinboard to write their own glue code... and requires them to sign a completely unreasonable contract in order to do so. Nuts on them.
pinboard  contractlaw  via:pinboard 
april 2016 by mcherm
Randazza - The Senate Passes Gag Clause Act | Popehat
New US law says that a "form contract" can't require that you don't say bad things about the other guy.
law  contractlaw  freespeech  via:popehat 
december 2015 by mcherm
Beware the IP non-assert clause in AWS cloud service agreement | Hacker News
My comments on the phrase about IP indemnification in the AWS customer agreement.
mypostings  amazon  law  contractlaw 
july 2015 by mcherm
Beware the IP non-assert clause in AWS cloud service agreement, warns ex-Microsoft patent chief - Blog - Intellectual Asset Management (IAM) - Maximising IP Value for Business
Amazon has a clause in the AWS terms of service that says you promise not to assert IP rights against them or other users of AWS. They have actually asserted it in court.
law  ip-law  patent  copyright  trademark  cloudcomputing  amazon  shrinkwrap  contractlaw  via:HackerNews 
july 2015 by mcherm
Facebook Going After Designbook Because All The Books Are Belong To Them | Techdirt
Facebook has decided that they want a trademark on all words of the form "*book". The trademark office won't issue a trademark on that (too general) and so they simply declared that they have an unregistered trademark and they aggressively sue over it. Interestingly, they also put a clause in Facebook's T&Cs saying you agree that they have the trademark.
law  ip-law  trademark  trademarkabuse  facebook  contractlaw  techdirt  via:Techdirt 
june 2015 by mcherm I Do Not Agree To Your Terms
Apple sends email saying: "you agree to stuff including indemnifying us unless you reply to this opting out".
law  shrinkwrap  contractlaw  apple 
june 2015 by mcherm
Outrageous Forced Arbitration Decision: Consumer Has to Arbitrate Case Involving Home Invasion and Severe Beating | Public Justice
An arbitration clause can protect a company from being sued when their employee commits a truly heinous assault.
law  contractlaw  arbitration 
december 2014 by mcherm
2011/03 Mike Monteiro | F*ck You. Pay Me. on Vimeo [Video]
Advice for creative contractors on how to get paid. (1) Use a lawyer, (2) have a contract, (3) include (a) IP transfers on full payment, (b) kill fee for cancelling, (c) no (or reasonable) liability.
law  contractlaw 
may 2014 by mcherm
The "Work For Hire" Doctrine Almost Never Works In Software Development Contracts | The Metropolitan Corporate Counsel
Don't put "this is a work for hire" in your contracts; put "I assign the copyright to you". It works better legally. Sample text included.
law  ip-law  copyright  contractlaw 
may 2014 by mcherm
Tenth Circuit rejects "one-sidedness" as defense to arbitration clause (CL&P Blog)
A court went against normal practice and ruled that a contract saying "YOU have to use arbitration, but WE can use the courts" was OK.
law  arbitration  contractlaw 
january 2014 by mcherm
Utah couple seeks relief after credit ruined over "non-disparagement" clause in a website's fine-print (CL&P Blog)
They posted a bad review, so the company said they owed $3500 because they had a "no saying bad things" clause in their contract. (Which they didn't for this customer, by the way.) The customer has suffered several problems due to having their credit ruined.
law  contractlaw  slander  freespeech  credit  via:CL&P 
november 2013 by mcherm
A note to myself | Hacker News
Another place where I commented on my experience getting IP ownership clauses changed in employment contracts.
mypostings  law  contractlaw 
may 2013 by mcherm
Virginia ISP Locks Customers Into 25-75 Year Contracts; Sues Everybody When Monopoly Threatened | Techdirt Lite
Phone/ISP company signs 25-75 year contracts with customers then provides terrible service.
law  contractlaw  isp  via:reddit 
march 2013 by mcherm
Forced arbitration of claim on behalf of non-party to arbitration agreement (CL&P Blog)
Court rules that the US government is prohibited from suing because someone else signed an arbitration agreement. What?
law  contractlaw  arbitration  via:CL&P 
february 2013 by mcherm
An astonishing arbitration decision in an age of astonishing arbitration decisions (CL&P Blog)
The court said that the woman was not capable of understanding and agreeing to the arbitration agreement, yet they're enforcing it anyway. I don't understand.
law  contractlaw  arbitration  via:CL&P 
february 2013 by mcherm
A license to use software for evil
The license says "this software should be used for good, not evil". IBM asked for and got an exemption.
DouglasCrockford  licensing  law  contractlaw  IBM  opensource 
january 2013 by mcherm
Instagram's Binding Arbitration Clause Could Be the Worst Ever: It Seeks to Kill Off All Representative Actions (CL&P Blog)
Binding arbitration clause that prevents people from working with an Attorney General as a representative individual. Can they protect themselves from Attorney General action that way?
law  contractlaw  arbitration  via:CL&P 
december 2012 by mcherm
Instagram says it now has the right to sell your photos | Politics and Law - CNET News
Facebook bought Instagram. Now they're changing the terms and conditions to say they can sell your photos.
facebook  evil  contractlaw  copyright  law  ip-law  via:HackerNews 
december 2012 by mcherm
How Zappos' User Agreement Failed In Court and Left Zappos Legally Naked (Forbes Cross-Post)
Really interesting article if you find contract law interesting. For example, it claims that "mandatory arbitration" and "we can amend this agreement anytime" can't work together in the same contract.
law  contractlaw  arbitration  via:HackerNews  zappos 
october 2012 by mcherm
The Unprecedented Audacity of the iBooks Author EULA - venomous porridge
The EULA to Apple's new iBook-writing software says content originally created in this tool may ONLY be sold through Apple (who doesn't even have to agree to sell it). You don't even have to click through to agree to this. Is this enforceable?
law  contractlaw  eula  apple  via:HackerNews 
january 2012 by mcherm
Sony sued over PSN "can't sue us" clause – Video Games Reviews, Cheats |
Sony had an idea: they put a "you can't sue us with class-action" clause in their contracts. Then others (Microsoft, Electronic Arts) did the same thing. Now Sony is getting sued (as a class action) for unfair business practices. Will something like this be allowed? Would that end class actions forevermore?
law  contractlaw  shrinkwrap  sony  via:HackerNews  classaction 
december 2011 by mcherm
AT&T sues customers seeking to block T-Mobile deal| Reuters
AT&T goes to court to stop the flood of arbitration claims. Says arbitration is not appropriate for some issues. I say SUCK IT UP!
via:HackerNews  law  arbitration  contractlaw  at&t 
august 2011 by mcherm
Skype’s Worthless Employee Stock Option Plan: Here’s Why They Did It
An explanation of skype plan to gype its employees out of their stock options. Claims that it amounts too fraud because the contract was misrepresented and incomprehensible.
startup  skype  fraud  law  contractlaw 
june 2011 by mcherm
Dear S.E.C., Reconsider Arbitration - New York Times
Arbitration: after a 200,000 loss, arbitrators granted a $5,000 reward (then charged $10,000 for the arbitration).
nytimes  law  contractlaw 
may 2011 by mcherm
Patent troll shakes down mobile devs - Boing Boing
Interesting. Patent troll sues small developers for having an "upgrade" button in the free version of an iPhone app that buys the paid version. But that functionality is from Apple, and Apple's developer agreement says it's Apple's problem.
patent  patentabuse  law  ip-law  apple  appstore  via:boingboing  contractlaw 
may 2011 by mcherm
American Express Merchants Win The Latest Round (CL&P Blog)
AmEx contract with merchants prohibited class-action suits. That means they can cheat the merchant any way they want; the merchant can't afford to take them to court. A court just ruled this clause invalid for that very reason.
law  contractlaw  arbitration  via:CL&P 
march 2011 by mcherm
No, you don't own it: Court upholds EULAs, threatens digital resale
Court basically says it's easy to declare a sale to be a "license" and kills off the doctrine of first sale.
law  contractlaw  shrinkwrap  firstsale 
september 2010 by mcherm
Google resolves WebM licensing conflict with BSD license
Google tried to license code with a clause that you can't sue Google, but that's not GPL compatible. So now they're licensing the code as BSD and licensing the patents with a loose-it-if-you-sue-us-for-patent-infringement limitation.
law  contractlaw  copyright  patent  ip-law  softwarelicenses  softwarepatents  via:ArsTechnica  ArsTechnica 
june 2010 by mcherm
GPL Enforcement in Apple's App Store — Free Software Foundation
Do the license terms for Apple's AppStore introduce additional restrictions forbidden by the GPL so that distributing GPL software via the AppStore violates the license?
law  contractlaw  shrinkwrap  licensing  copyright  ip-law  GPL  apple  appstore  via:HackerNews 
may 2010 by mcherm
In praise of SFWA's Grievance Committee - Boing Boing
Now here is where a union or professional association can be very useful: dealing with contract negotiations gone awry.
CoryDoctorow  via:boingboing  writing  contractlaw  law 
april 2010 by mcherm
Gamers risk everlasting limbo as retailer adds 'immortal soul' clause to sale conditions |
More about the 'immortal soul' section of the license. It was done on April Fool's day, and the company intends to return the souls (via an email) now that it's over.
funny  contractlaw  shrinkwrap  law 
april 2010 by mcherm
Fine Print Says Game Store Owns Your Soul
This is completely absurd and not credible. Their fine print had a clause saying they owned your soul. Or you could opt out an receive a gift certificate. They say that 12% actually opted out... but do you REALLY believe that as many as 12% read the fine print?
shrinkwrap  funny  law  contractlaw  via:slashdot 
april 2010 by mcherm
Why does everything suck?: Steve Jobs Has Just Gone Mad
Interesting point: Apple is now telling you that you can't write apps for the AppStore if you originally wrote it in a different language and then translated it to their language. Perhaps it's just because they hate Flash, and perhaps they are within their rights to do so since they own the AppStore. But it's unconscionable behavior nevertheless.
programming  iphone  apple  law  contractlaw  appstore  via:HackerNews  freedom 
april 2010 by mcherm
TOSBack | The Terms-Of-Service Tracker
A tool from the EFF that will monitor terms-and-conditions documents from various companies and inform you if there is a change, also allowing you to view what the changes were. Really cool idea! Registering isn't (yet) on a document-by-document basis.
useful  eff  law  contractlaw 
march 2010 by mcherm
What is DRM doing in my garage?
If you sell a garage door opener, can you prevent people from using their own remotes? Courts keep saying "no", but the manufacturers of devices that want to make money off of extra parts are not deterred... they keep inventing new legal theories.
law  copyright  DMCS  security  patent  ip-law  firstsale  contractlaw 
december 2009 by mcherm
The Unconcionability of Arbitration Agreements in EULAs.
An article on how shrinkwrap licenses combined with mandatory arbitration can be unfair.
law  contractlaw  shrinkwrap  arbitration  via:boingboing 
december 2009 by mcherm
License Agreement for a Public Park - Boing Boing
HSBC bank runs a park for a day (nice, clever marketing promotion). They plaster it with an incredibly long "license agreement" to set foot in the park (not nice, not clever, and really bad marketing).
shrinkwrap  law  contractlaw  eula  banking  advertising  via:boingboing 
july 2009 by mcherm
YouTube - "I Agreed to WHAT?!" Re-envisioning License Agreements and Privacy Statements
The results of a some actual research into how to present a legal agreement (in the context of something you click through when installing an application) and get users to actually READ it.
law  marketing  contractlaw  communication  licensing  shrinkwrap 
july 2009 by mcherm

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