tag:blogger.com,1999:blog-5574479.post350817563648079531..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Don't look now, but did you contract away your right to publish online criticism?Verónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-40219322300182430292014-04-04T23:01:37.129+01:002014-04-04T23:01:37.129+01:00If the "Union of Wedding Photographers and De...If the "Union of Wedding Photographers and Dentists" shows an unbroken front, then you cannot get photographs or dental work without signing. But the customer's signature on a contract does not yet bind witnesses to the wedding or, say, second-opinion colleague dentists, so why not use these as straw men?<br /><br />Kind regards,<br /><br /><br />George Brock-NannestadAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-52668172701697171542014-04-04T19:46:01.538+01:002014-04-04T19:46:01.538+01:00Might I suggest that on review sites we start writ...Might I suggest that on review sites we start writing 'I declined to sign this person's contract as it included a clause forbidding criticism, which I'n my opinion indicates a lack of confidence in their own ability to adequately perform the service' <br /><br />See how that affects their ratings.<br /><br />Also, getting criticised in the Wall Street Journal? Hooray for the Streisand effect!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-5268927188642191852014-04-04T12:18:27.596+01:002014-04-04T12:18:27.596+01:00Anonymous at 11:44,
Perhaps a bit of the belt and...Anonymous at 11:44,<br /><br />Perhaps a bit of the belt and suspenders approach often seen in law, but there is no infringement.<br /><br />Built into infringement is the violation of a legal right.<br /><br />No validity, no legal right, no infringement.<br /><br />The actions that make up an infringement of a valid legal right - now if those actions in particular and separate from the notion of infringement are identified in the contract, then that is a different matter.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-12954879436244217822014-04-04T11:44:31.211+01:002014-04-04T11:44:31.211+01:00TJ beat me to it! The closest analogy I could thin...TJ beat me to it! The closest analogy I could think of in the IP world would be where the license agreement binds the licensee not to infringe even if the right is found invalid.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-74571278082746862752014-04-04T10:21:21.392+01:002014-04-04T10:21:21.392+01:00Surely a key difference is that the tort requires ...Surely a key difference is that the tort requires matter to be "untrue and disparaging", while most non-disparagement clauses try to cover all negative opinions, whether true or false (and is therefore vastly broader in scope).TJnoreply@blogger.com