Sunday, May 24, 2020

In Dispraise of Haste

Which "haste-related" cautionary proverb comes first to your mind?  I thought of "Marry in haste, repent at leisure," which was a socially relevant warning in Britain and Europe for several generations thrust together and torn apart by World War I and World War II.

In recent eras of living together, and relatively easy divorce, there probably less need for "repenting at leisure," so that proverb has lost its power.... which may be why it is ranked #30/35.

Source: Inspirational proverbs on haste.

Are proverbs still taught in schools? For that matter, are the different names for the males and females of animal species still taught? "Tiger / Tigress", maybe but it seems doubtful that "Cob / Pen / Cygnet" for swans, or "Hart / Hind" (of red deer) and "Buck / Doe" (of roe deer) are taught.

Animal names

"Click-through in haste..." might be a modern day proverb.

The ever-interesting Mark Sableman, blogging for the law firm Thompson Coburn LLP, discusses online contracts (with a topical pun about contracting disease), and explains the different degrees of how inextricably to bind a visitor, or to be bound as a visitor, to a contract that --in their haste-- they have not read.

Original Link:

Lexology Link:

It reminds me a bit of a marital pre-nuptial contract!

Seriously, if you surf the internet a lot, or if you have your own website, or blog, you ought to read Mark Sableman's explanations of browse-wrap, click-wrap (or click-through), and sign-in wrap.

European readers of this blog should understand that the authors of this group blog do remind readers periodically that Blogspot will drop cookies on you, (it's browse-wrappy), and Google does post generic notices about the terms of use that you are inferred to agree with and to by sticking around.

Online contracts can be very secure, and safer than you would think, and they hold up well in court.  Thus, one should read an E-sign contract very carefully indeed, and not merely click merrily away to provide 7 (or however many) initials and 2 signatures in your choice out of 5 available fonts.

Legal blogger Tyler G, Newby, writing for Fenwick & West LLP, gives a fascinating historical overview of contracts, going back to the signet ring and hot sealing wax to the present day Docu-Sign (or its rivals such as Authentisign), and explains that such convenient services provide a time-and-date stamped audit trail  that may include the signer's IP address.

Of course, too, there is the clickwrap or click through and sign in protection for the professional who sends a link in an email to the expected signer.

For readers interested in how much copyright infringement has increased during the Covid-19 shut down, MUSO has a free, downloadable "white paper". It comes with click wrap, you have to give them your name and email address... but it might be interesting enough to be worth giving them the data, and possibly receiving follow up emails from MUSO.

Talking of privacy, and marketing (which I do, often), Zarish S. Baig, blogging for Squire Patton Boggs, discusses the suspicions of some that third party marketers may listen in on private smart phone conversations.

It would appear, the above average internet user is also expected to read any ISP's Privacy Policy, especially if they purchase and use a device capable of recording anything.

Apropos hastiness and insecurity, if Zooming, or Facetiming, or otherwise broadcasting a live video of yourself, bear in mind that more of your background than you might expect might be exposed.  We've all seen the accidentally-on-purpose naked roomies caught over the shoulders of vloggers; the over casual anchor without his trousers who spread his legs a little wide under his desk, and his bare thigh crept into view; and then there is the prince who did not realize that he had official secrets on an open file in his background.

Derek M. Stikeleather, for Goddell DeVries Leech and Dann LLP shares Kim Kardashian's tips for looking fabulous while teleconferencing, and much more.

All the best,
Rowena Cherry 

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