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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 wher
by 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 agoIt 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? ;)