1,609 karma · joined October 10, 2006
(B) by the reproduction or distribution, including by
electronic means, during any 180-day period, of 1
or more copies or phonorecords of 1 or more
copyrighted works, which have a total retail value
of more than $1,000; or
(C) by the distribution of a work being prepared for
commercial distribution, by making it available on
a computer network accessible to members of the
public, if such person knew or should have known
that the work was intended for commercial
distribution.
Not the "or".This is a very sly insult and betrays a major misunderstanding of how the market works. Did Facebook succeed because Mark Zuckerberg saw the "opportunity" to start a social networking site? Did Dropbox take off because they saw the "opportunity" for file synchronization? The idea is nonsense. These things succeeded not because their creators were the only ones to see the need (they weren't), but because an incredible amount of time and talent was put into making them successful.
When YC started, everyone said the idea was crazy. It still is. It's worked, like any startup, because of incredible execution -- not because it stumbled into a waiting opportunity.
ZorbaTHut 319 points 1 day ago
> A contract is a two-way agreement, so if you see terms in there that you're uncomfortable about, you can black them out.
This isn't even a housing thing, this is just a global thing. I don't think I've ever signed an employment contract without modifying it. I've never had my employer mention it afterwards.
Excessive non-compete clause? Bam, gone. Clause that conflicts with a verbal agreement I had with the producer? Bam, gone. Cross out some bits, write notes in the margin, make little arrows pointing at what you crossed out with your initials, sign it, photocopy it, turn it in with your employment paperwork, keep the photocopy.
"Your Honor, our ex-employee should go to ultrajail for breaching our horrifying non-compete clause, and also owes us a billion dollars for Section 7 of his employment paperwork."
"I never agreed to that. Here's what I signed."
"Well, fuck."
[And then this reply seems very helpful...]
OriginalStomper 157 points 6 hours ago
I am a lawyer familiar with contract law, though not an employment lawyer. You and sporkus are both correct (at least under Texas law and most other US jurisdictions): it is not a binding contract until both parties agree to all the changes.
Until the original agrees (by initialing the changes or at least signing the agreement after your changes are made), the marked-up document is merely a counter-offer. However, that means the employer has nothing to enforce against you. Texas is an "employment at will" state, and here 99% of the time an employment contract was the employer's idea, for the employer's purposes, with little or no actual benefit to the employee. The employee usually comes out ahead if the entire contract is unenforceable, or even if just the harshest clauses are deleted.
Protip: while you are at it, also delete arbitration clauses. Completely and whenever possible. The individual/employee will almost never win in arbitration, unless the arbitration is conducted under a collective bargaining agreement negotiated by a union. If there's even the hint of an arbitration clause in your contract (ANY kind of contract, not just employment contracts), then it does not matter how well you edited the rest of the agreement, because arbitrators are free to be arbitrary. They are not legally required to follow the contract -- they can do whatever they think is "fair." Strangely enough, "fair" will almost always favor the employer or other repeat customer for the arbitrator. Because, see, the arbitrators are in the business of arbitrating disputes. If no one chooses them to arbitrate, then they have to find a real job.
http://news.ycombinator.com/item?id=1539538 (68 comments)
http://news.ycombinator.com/item?id=951095 (1 comment)
http://news.ycombinator.com/item?id=514955 (1 comment)
http://news.ycombinator.com/item?id=492615 (0 comments)
http://news.ycombinator.com/item?id=47408 (0 comments)
http://www.mauricelacroix.com/en/Brand/Ambassadors/Jimmy_Wal...
How much is he getting paid and is he donating it to Wikimedia?
http://developer.apple.com/mac/library/documentation/UserExp...
Obviously they use their own judgment and market feedback as well, but the notion that they launch products without testing them first is crazy.
"Google does search. Google does not do horoscopes, financial advice or chat. ... Google's entire staff is dedicated to creating the perfect search engine and work tirelessly toward that goal."
http://web.archive.org/web/20040603020634/http://www.google....
Oops!
Getting elected in the first place is more painful, though.