Re: Source code @ Alain Williams
"Part of the trouble with a document like this is that there are some stark paragraphs that do not contain anything by way of real explanation or motivation. This makes it really hard to see the (intended) implications until it is too late."
And it is impossible to say what the implications are, even by the drafters. Lawyers are paid to get the best deal for their clients, and they will use everything available to them to do this. One of those ways is to look at the wording and find new interpretations (as a law lecturer, I love doing this, and so do the students!) It is then down to whatever arbitrator is involved to decide which interpretation carries the day. The point is, this means that even the best drafted document has room for movement because those creating it could not think of every situation in which it would apply, and so the need for interpretation of even the simplest clause can arise in real life.
This doesn't mean to say that I think documents shouldn't be well-drafted - they should always be clear and provide as much certainty as possible - but real life will always challenge even the best agreement. The more parties there are, the more challenges will arise.
Biting the hand that feeds IT
