software

I’ve been reading and thinking a lot lately about website terms of service. There’s something unsavory to me about having a contract formed between a website owner and its users by posting complicated legalese on the site and pretending the users read them.

It’s the “pretending the users read them” part that bothers me. Everybody knows consumers don’t read these complicated–and oft-changing–legal documents, yet they form the contract between website and consumer. As Coco Soodek, BigLaw partner and author of the book Birth to Buyout, wrote in a recent post on her Profit and Laws blog, “businesses that pose these contracts have to pretend that they don’t know that you know that they know that you aren’t going to read the contract.” [click to continue…]

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Article 2 of the Uniform Commercial Code governs the sale of goods. Whether software is a good is a thorny question, and a lot of variables affect the answer. In this excellent Law Technology News post, Richard Raysman and Peter Brown, of Holland & Knight and Baker & Hostetler respectively, summarize the issues and eloquently provide the obvious lawyerly answer: it depends.

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