3 ms·

I'm pretty sure their contracts covered their ass. Hence why lawyers write up contracts in the first place.

• jacques_chester 8y ago
  You can write just about any words you like into a contract. But that doesn't mean they are enforceable and doesn't mean a legislature or court can't add or modify clauses. Then there's the whole doctrine of equity thing over the top of it. In law there are always a whole bunch of fine-grained questions that can change the whole outcome. I expect one or more lawsuits to emerge, maybe as a class action. It might not come to trial and simply wash up as a settlement. I am not now, nor have I ever been, a lawyer.
• Bartweiss 8y ago
  Both parties presumably had lawyers writing ass-covering contracts, so who loses? This isn't the usual "Wells Fargo screws you over then forces arbitration where you lose again" imbalance, there's no particular reason to think Smyte could have swung a favorable contract with e.g. ZenDesk.
  • hodgesrm 8y ago
    It really depends on who was negotiating, whose paper was used to write the contract, and how much each side wanted the deal. Legacy enterprises like Disney often force vendors to use the legacy company's paper, which case substantial protections would be written in or the deal would not happen. Self-service web services on the other hand generally come with take-it-or-leave-it conditions of use. When's the last time you redlined Github terms of use when starting a project? ;)