Open sourcing legal documents

I thought I was being relatively radical and progressive when I wrote about how the approaching legal documents business singularity but it seems I was just joining a crowd of progressives. Two recent posts caught my attention recently which illustrate this growing trend. In the first post, titled “Standardizing (vs. Reforming) Contract Drafting“, William CarltonContinue reading “Open sourcing legal documents”

Are email disclaimers enforceable?

The Economist has a thought provoking article titled “Spare us the email yada-yada” with the subtitle “Automatic e-mail footers are not just annoying. They are legally useless”. The article highlights some of the challenges facing email disclaimers and there are just no clear answers that I have come across. The central challenge is the following:Continue reading “Are email disclaimers enforceable?”

Managing your contracts more effectively

Having your contracts prepared and signed is only part of your contract management process. It is usually also only the beginning of what could be a long relationship with your contracting party. It makes sense to give some serious thought to an ongoing contract management process for you business. Reasons for this include – LegislativeContinue reading “Managing your contracts more effectively”

Plain language complexities in contracts

As you probably know by now, the Consumer Protection Act mandates contracts written in plain language. That means al that legal jargon few people understand should be removed and replaced with more straightforward language that the average person can understand, not just multi-lingual lawyers with a strong grasp of conversational Latin, Old English and Dutch.Continue reading “Plain language complexities in contracts”

How tweeting can get you fired

Mail & Guardian had a story a week or so ago about rugby commentator Andrew Lanning’s dismissal by SuperSport after he tweeted information about SuperSport and its parent company, Multichoice. The article’s title, “Fired for tweeting“, was a little misleading (the article clarified the issue, though) and that idea of being fired for using TwitterContinue reading “How tweeting can get you fired”

Your website terms and conditions may contain prohibited terms

I’m working on a particularly interesting challenge at the moment which was introduced by proposed regulations to the Consumer Protection Act which goes fully into force in a couple months. First a little background. The Consumer Protection Act will have a fairly radical impact on consumer rights in South Africa. One of the better publicizedContinue reading “Your website terms and conditions may contain prohibited terms”

Presentation on alternative licensing options for synch music deals

I was invited to participate in a panel discussion and make a presentation regarding a licensing framework known in the music industry as “music synch licensing” at the Moshito Music Conference underway at the Museum Africa in Newtown, Johannesburg. What is this framework about? Well chances are you encounter this form of licensing in actionContinue reading “Presentation on alternative licensing options for synch music deals”

The trouble with children these days

I’ve written about the importance of terms of use and privacy policies online a number of times and the contractual nature of those documents. They form an important part of a site’s contractual framework that governs access to and use of a site. Although most people don’t take the time to read those documents, whenContinue reading “The trouble with children these days”