Two points: First, even if you are able to borrow functional language from a contract without infringing someone's copyright, that doesn't make it a good idea.

Two points: First, even if you are able to borrow functional language from a contract without infringing someone's copyright, that doesn't make it a good idea. Heroku's terms were written for them and their specific business risks, governing law, etc. Your own PaaS business may have different requirements. And copying wholesale probably is infringement. Second, by "IP free zone," I'm talking about people's attitudes and behavior towards the materials they borrow from--that certainly doesn't express a legal conclusion about it or mean what they are doing is not infringement.