Abusive contracts

[tmetro-blu-5a1Jt6qxUNc at public.gmane.org (Tom Metro)]

Mark Woodward wrote:
> Has anyone noticed that contracts are becoming really mean spirited 
> lately? I mean, seriously, some of the ones that I've looked at are just 
> ridiculous.
> 
> That on top of 5 years confidentiality, 2 years non-compete, all for a 
> few hours part time work? A 6 page NDA...
>
> ...why does every dime store lawyer feel the need to write these
> faustian contracts?

I think it is inevitable that contracts will always trend towards
becoming more onerous over time. In the same way that software becomes
more complex over time, as corner cases are discovered and dealt with,
the lawyers also learn from their client's past failings and add clauses
to compensate.

But the solution is to provide corrective feedback by not accepting
clauses that cross the line. Eventually they learn, and will adjust.

I've rarely encountered a contract from a client that didn't require
modification.

Just be happy they didn't mandate errors and omission insurance. :-)

 -Tom

-- 
Tom Metro
Venture Logic, Newton, MA, USA
"Enterprise solutions through open source."
Professional Profile: http://tmetro.venturelogic.com/