Public outcry has killed an attempt turn clickthrough terms of service into legally binding obligations (for now)

I read (and sometimes draft) these things for a living and even I struggle to understand some of what’s out there. What’s more, I cynically suspect that many times, even the lawyer who wrote the thing doesn’t fully understand every word. There’s a lot of boilerplate language that gets copy-and-pasted between agreements without the drafter necessarily spending the time to understand it or make sure it’s appropriate for the context. More than once when negotiating an IT contract I’ve asked the lawyer on the other side to explain part of the contract to me and received an answer that is wholly unsatisfying (or in some cases, just stunned silence).

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