> Nearly the entire American tech industry has been super heavily selected for people who undervalue the legal language with crazy implications buried everywhere.
A lot of people in IT seem to think law and contracts are in a sense mathematical. They aren't; they're more like a high school book report - to be interpreted, as objectively as possible, but definitely also establishing the intent behind the letters.
Particularly contracts - no, you can't trick your way into things in most cases. "Surprising" clauses are invalid in most legal systems, in particular if one party to the contract is a layperson.
I sometimes wonder how much blame should be placed at the feet of cartoons which teach viewers that invisibly-small print is legally binding, and that any term is enforceable.
I mean, it's not like most people have any kind of curriculum to fix those early assumptions.
> "Surprising" clauses are invalid in most legal systems…
Yes, except… very notably… the USA… (especially certain parts such as Delaware). Which has a judiciary that entertain such clauses much more often than pretty much any other country I’ve heard of.
A clause like: “you agree to deliver your first born son on demand” buried in page 15 would indeed be laughed out of the courtroom.
But less severe clauses buried in page 15 might not be immediately laughed out. Causing a lot of expense and heartache before it gets dismissed.
Just think about it, if it were really just a total joke… why would large firms (FAANG, etc.) with serious legal departments want to look like clowns producing gibberish, year after year?