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<blockquote data-quote="Snarf Zagyg" data-source="post: 8362942" data-attributes="member: 7023840"><p>I disagree that it’s not doing anything. The boilerplate* prevents the possibility of a lawsuit, because there has been an assignment of rights (a license) in the creative work.</p><p></p><p>Here's the basic problem, and why creative contests should be disfavored (and continue to be by mainstream creative companies- it's not like you'll see Disney run an open, "Send us ur awesome MCU movie ideas and we will make them" contest, and when there is a contest, it is usually a tightly-controlled one with a limited number of pre-approved entrants- usually in a reality show)-</p><p></p><p>Imagine 99.9% of all people are good, amazing, and would never bring a lawsuit. Period. Maybe you think that number is a little too generous to human nature, maybe you think I'm being overly cynical. But it's good enough for horseshoes, hand grenades, and internet spitballin'.</p><p></p><p>Now, if a given contest has 10,000 entries, then ... you have ten crazies in the pool. Ten people that might bring some type of lawsuit, maybe.</p><p></p><p>Okay! But what if the lawsuit has absolutely no merit? Well, remember the dialogue with Debbie Downer I wrote earlier- that does not matter. If you get into facts, if you have to spend money to get past a procedural dismissal... You have already lost.</p><p></p><p>And that's why the language is used. A lot of these standard provisions in many contracts are to dissuade lawsuits from being filed. </p><p></p><p>*One more time- boilerplate is often misunderstood. Most of the super-duper important provisions of the contract are boilerplate; boilerplate just means language that is re-used from contract to contract. The reason the language is always used, whether it's a merger clause, or an arbitration clause, or a licensing clause, or an attorney's fees clause. is because they've been shown to be effective as worded (usually) and so they keep getting recycled until ... they aren't.</p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 8362942, member: 7023840"] I disagree that it’s not doing anything. The boilerplate* prevents the possibility of a lawsuit, because there has been an assignment of rights (a license) in the creative work. Here's the basic problem, and why creative contests should be disfavored (and continue to be by mainstream creative companies- it's not like you'll see Disney run an open, "Send us ur awesome MCU movie ideas and we will make them" contest, and when there is a contest, it is usually a tightly-controlled one with a limited number of pre-approved entrants- usually in a reality show)- Imagine 99.9% of all people are good, amazing, and would never bring a lawsuit. Period. Maybe you think that number is a little too generous to human nature, maybe you think I'm being overly cynical. But it's good enough for horseshoes, hand grenades, and internet spitballin'. Now, if a given contest has 10,000 entries, then ... you have ten crazies in the pool. Ten people that might bring some type of lawsuit, maybe. Okay! But what if the lawsuit has absolutely no merit? Well, remember the dialogue with Debbie Downer I wrote earlier- that does not matter. If you get into facts, if you have to spend money to get past a procedural dismissal... You have already lost. And that's why the language is used. A lot of these standard provisions in many contracts are to dissuade lawsuits from being filed. *One more time- boilerplate is often misunderstood. Most of the super-duper important provisions of the contract are boilerplate; boilerplate just means language that is re-used from contract to contract. The reason the language is always used, whether it's a merger clause, or an arbitration clause, or a licensing clause, or an attorney's fees clause. is because they've been shown to be effective as worded (usually) and so they keep getting recycled until ... they aren't. [/QUOTE]
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