>> law, technology, and the space between

All content by Kyle E. Mitchell, who is not your lawyer.

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  1. Paste Your Terms Into Your E-Mails

    why don’t we do the obvious thing?

  2. Waypoint Trademark

    protecting the integrity of a standard form

  3. Waypoint 2.0.0

    a more adaptable, international standard

  4. Waypoint Abroad

    seeking quick reads from non-US counsel

  5. PANDA for Privacy

    the NDA for your personal information

  6. Help Take the Waypoint NDA International

    a call for help from common-law colleagues

  7. The Waypoint NDA

    stop wasting time on NDAs

  8. Critique This License

    developing a standard paid-software license

  9. The Discipline of Stated Purpose

    write out the purposes of legal terms in contracts

  10. A Canting Tribe Are We

    attacking the NDA problem with standards networks

  11. Crowd Hiring

    assurance contracts for short-term open software maintenance

  12. Quick Read of Tidelift’s Lifting Agreement

    nits picked in the developer terms for a new pay-the-devs company

  13. Digging Contracts Out of the Hole

    simple tools for drafting to be proud of

  14. California Work Made for Hire Statutes

    work made for hire contracts can make contractors employees for state employment insurance purposes

  15. Plain GDPR Processor Addendum

    open form plain-language processor addendum

  16. Plain Terms of Service

    open form terms of service for websites

  17. Six Great Deals Books

    read these books

  18. Feed this Bear

    indie coder, promote thyself!

  19. Prescription Contracts

    thinking about direct lawyer guidance on


    breaking the NDA logjam

  21. Switchmode Developer Agreement

    an open form contract for open source contractors

  22. Open Software Service Terms

    legal terms for paid web apps, now available in the English language

  23. The Mendicant Maintainerati

    no holy fools for Open Source

  24. Emancipation by Reference

    I am just a copy of a copy of a copy. Everything I say you have read before.

  25. What Enumeration Means

    Enumeration is an essential contract drafting tool. Don’t disclaim it!

  26. Template Ambiguity

    Document assembly can make ambiguity even harder to spot.

  27. The Blanks Problem

    A tough Common Form design decision explained.

  28. Term Injection

    Fighting insertion of unexpected terms in automated form contracts

  29. Certificated Assent

    How signed is signed enough for a hosted software licensing deal?

  30. Reproduction of Hierarchy

    Markdown isn’t great for contracts. HTML5 is better.

  31. Index Card Contracts

    Common Form for paper people

  32. Grab-Bag Contracts

    Might we write contracts like we fill shopping bags at the grocery store?

  33. Named Provisions

    If contract section numbers are just another namespace, can they be replaced with defined terms?

  34. Modularity is not the Law

    Ancient and modern principles of contract interpretation work against contracts made of modular parts

  35. The Halliburton Hypothesis

    Quantifying the negotiating process to mount attacks on the confidentiality of a public contract forms repository

  36. Common Form

    Composable, verifiable, shareable form contracts for the modern practice of law