4 ms·

Is their an open-source EULA available? Paying even $1000 right now for a lawyer is untenable.

tocomment 16y ago
There's got to be. I was looking for something like this as well. Hopefully some smart user will chime in.
fizzfur 16y ago
some kind of open EULA for various common SaaS models would be a great resource. If there isn't one maybe those of us who are having to pay to have one written, could instead pay for an open one to be commissioned?
samdk 16y ago
The Wordpress.com/Automattic Terms of Service (http://en.wordpress.com/tos/ http://en.wordpress.com/tos/) and Privacy Policy (http://automattic.com/privacy/ http://automattic.com/privacy/) are available under a Creative Commons ShareAlike license.
- dctoedt 16y ago
  Good intentions on Wordpress's part, but it might be seriously problematic in view of intervening case-law developments. I did a write-up at http://www.ontechnologylaw.com/2010/05/using-wordpress-coms-terms-of-service-for-your-own-web-site-might-strip-away-much-of-your-legal-protection/ http://www.ontechnologylaw.com/2010/05/using-wordpress-coms-....
Jun8 16y ago
Your comment made me think an obvious thought that has not occurred to me before: If we have open source code for systems as complex as the Linux kernel, why can't we have open source legal documents. You still would need to consult with a lawyer to go over it (similar to how you need a coder to add features to a source-code project), but the savings could be enormous. Any lawyers among us care to elaborate?
- mschwar99 16y ago
  Most lawyers I have dealt with for business needs like commercial leases, liability waivers, etc all use boiler plate documents for a starting point. I'm not a lawyer, but I think the bulk of the cost that you are paying as their customer isn't for the text of whatever document you need to procure, but rather for their professional analysis of your business's specific situation and any changes that need to be made to that boiler plate.
grellas 16y ago
Selling to large companies can encompass all sorts of possible licensing arrangements, including patent licensing deals, source-code OEM deals, object-code OEM deals, site licenses, white-label deals, and license/development deals, among others. Because the deals can vary so widely, the legal agreements that are required will vary as well, making it impossible to rely on any one standard form (of course, a "EULA" in the narrow sense of that term, i.e., the canned form signed by end users of licensed software, is highly standardized but that is not what is involved here). The kinds of issues that can arise under these variations really go over the board, from who owns rights in various forms of development work that might be done with the licensed technology, to the scope, duration, and limitations of the licenses themselves (source, object, field, site, etc., exclusive, non-exclusive, or some hybrid), to the nature of the distribution arrangements permitted for the licensed technology (stand-alone product versus bundling, channel limitations, etc.) to the nature of the legalese that shifts risks one way or the other in the arrangement (IP infringement warranties, product warranties, liability caps, indemnity provisions). Thus, from a legal standpoint, this is a complex area that does not easily lend itself to standardized forms. As a starting point, however, you will be able to find excellent forms for these sorts of agreements by searching the EDGAR filings at sec.gov.

There's got to be. I was looking for something like this as well. Hopefully some smart user will chime in.

some kind of open EULA for various common SaaS models would be a great resource. If there isn't one maybe those of us who are having to pay to have one written, could instead pay for an open one to be commissioned?

samdk 16y ago

The Wordpress.com/Automattic Terms of Service (http://en.wordpress.com/tos/ http://en.wordpress.com/tos/) and Privacy Policy (http://automattic.com/privacy/ http://automattic.com/privacy/) are available under a Creative Commons ShareAlike license.

dctoedt 16y ago
Good intentions on Wordpress's part, but it might be seriously problematic in view of intervening case-law developments. I did a write-up at http://www.ontechnologylaw.com/2010/05/using-wordpress-coms-terms-of-service-for-your-own-web-site-might-strip-away-much-of-your-legal-protection/ http://www.ontechnologylaw.com/2010/05/using-wordpress-coms-....

Jun8 16y ago

Your comment made me think an obvious thought that has not occurred to me before: If we have open source code for systems as complex as the Linux kernel, why can't we have open source legal documents. You still would need to consult with a lawyer to go over it (similar to how you need a coder to add features to a source-code project), but the savings could be enormous. Any lawyers among us care to elaborate?

mschwar99 16y ago
Most lawyers I have dealt with for business needs like commercial leases, liability waivers, etc all use boiler plate documents for a starting point. I'm not a lawyer, but I think the bulk of the cost that you are paying as their customer isn't for the text of whatever document you need to procure, but rather for their professional analysis of your business's specific situation and any changes that need to be made to that boiler plate.

grellas 16y ago

Selling to large companies can encompass all sorts of possible licensing arrangements, including patent licensing deals, source-code OEM deals, object-code OEM deals, site licenses, white-label deals, and license/development deals, among others. Because the deals can vary so widely, the legal agreements that are required will vary as well, making it impossible to rely on any one standard form (of course, a "EULA" in the narrow sense of that term, i.e., the canned form signed by end users of licensed software, is highly standardized but that is not what is involved here). The kinds of issues that can arise under these variations really go over the board, from who owns rights in various forms of development work that might be done with the licensed technology, to the scope, duration, and limitations of the licenses themselves (source, object, field, site, etc., exclusive, non-exclusive, or some hybrid), to the nature of the distribution arrangements permitted for the licensed technology (stand-alone product versus bundling, channel limitations, etc.) to the nature of the legalese that shifts risks one way or the other in the arrangement (IP infringement warranties, product warranties, liability caps, indemnity provisions). Thus, from a legal standpoint, this is a complex area that does not easily lend itself to standardized forms. As a starting point, however, you will be able to find excellent forms for these sorts of agreements by searching the EDGAR filings at sec.gov.