Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-30 Thread Gregor Kiddie
My main issue with the idea of the TC being legally binding is the
assumption that the person who used the system is the same person who
agreed to the Terms and Conditions, or even that they agreed to the
Terms and Conditions at all!

Take the recent Flash Player click-jacking fix. If a website used
click-jacking to get someone to click agree on a TC dialog they never
see, are they still bound by it?

Bigger picture again for a website, how can you actually legally prove
that someone has ever agreed to your TCs? Without some piece of user
identifiable information replacing the simple click action, this is
impossible.

Gk.

Gregor Kiddie
Senior Developer
INPS

Tel:   01382 564343

Registered address: The Bread Factory, 1a Broughton Street, London SW8
3QJ

Registered Number: 1788577

Registered in the UK

Visit our Internet Web site at www.inps.co.uk

The information in this internet email is confidential and is intended
solely for the addressee. Access, copying or re-use of information in it
by anyone else is not authorised. Any views or opinions presented are
solely those of the author and do not necessarily represent those of
INPS or any of its affiliates. If you are not the intended recipient
please contact [EMAIL PROTECTED]




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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-30 Thread Gregor Kiddie
As other people have given examples of games, here's one that has gone
the other way.

Warhammer Online required you to scroll to the bottom of the TCs and
accept them whenever logging into the game.
They changed this so the scrolling was not required due to user feedback
that it was both annoying and confusing.

Not annoying enough to remove the TCs completely though ;)

Gk.

Gregor Kiddie
Senior Developer
INPS

Tel:   01382 564343

Registered address: The Bread Factory, 1a Broughton Street, London SW8
3QJ

Registered Number: 1788577

Registered in the UK

Visit our Internet Web site at www.inps.co.uk

The information in this internet email is confidential and is intended
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please contact [EMAIL PROTECTED]


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of
Jeff Howard
Sent: 28 October 2008 13:57
To: [EMAIL PROTECTED]
Subject: Re: [IxDA Discuss] Terms and Conditions with a twist

Go to any Kinkos and sign into one of their self-serve computers.
Their terms and conditions make you scroll to the bottom of the
textbox before activating the buttons.

// jeff

bmclaughlin wrote:
 However, I am still looking for samples.  


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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-30 Thread Tim Wright
On a different perspective, I always try to think of Terms and Conditions
being binding on the *website* not on the user - the user is giving us data
as long as we agree to follow our Terms and Conditions. Then the TCs are
things like we won't sell your email address and so on.

Tim

On Thu, Oct 30, 2008 at 9:09 PM, Gregor Kiddie [EMAIL PROTECTED] wrote:

 My main issue with the idea of the TC being legally binding is the
 assumption that the person who used the system is the same person who
 agreed to the Terms and Conditions, or even that they agreed to the
 Terms and Conditions at all!

 Take the recent Flash Player click-jacking fix. If a website used
 click-jacking to get someone to click agree on a TC dialog they never
 see, are they still bound by it?

 Bigger picture again for a website, how can you actually legally prove
 that someone has ever agreed to your TCs? Without some piece of user
 identifiable information replacing the simple click action, this is
 impossible.

 Gk.

 Gregor Kiddie
 Senior Developer
 INPS

 Tel:   01382 564343

 Registered address: The Bread Factory, 1a Broughton Street, London SW8
 3QJ

 Registered Number: 1788577

 Registered in the UK

 Visit our Internet Web site at www.inps.co.uk

 The information in this internet email is confidential and is intended
 solely for the addressee. Access, copying or re-use of information in it
 by anyone else is not authorised. Any views or opinions presented are
 solely those of the author and do not necessarily represent those of
 INPS or any of its affiliates. If you are not the intended recipient
 please contact [EMAIL PROTECTED]



 
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ai tiki tāua.

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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-30 Thread bmclaughlin
In the for what its worth department...the solution that has been
approved by legal is to have the TCs all out there (no forced
height/scrollbar) with the Agree check box at the end along with
other signature items to complete.

As far as comments around trying to simplify TCs, whether they have
value at all, who agreed vs. who uses it, what should be considered
outside of the scope of normal TCs, etc. ...
I don't what the atmosphere around litigation is in other countries
but here in the U.S. it is simply madness. Unless that is brought
under control we will continue to have things written in legal
terminology and have legal departments lose sleep over the difference
between someone being force to have all the text pass before them
before being allowed to accept vs. having it is a smaller box that
does not force someone to be exposed to all the text.


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-28 Thread Andy Polaine
If we have captured their acknowledgement, then we have at least  
some proof that it was seen.


Which, unfortunately, shows that the intent isn't for it to be useful,  
but to cover the company's backside. That's why I feel it is important  
for both UI/IxD and legal depts. to think about their TCs like any  
other design problem, starting with the intention of what they hope to  
achieve. Like I said, if it's just to cover the company legally, it's  
irrelevant whether people read or see them or not - you might as well  
have a black box agree to whatever is in here before you can continue.


It's a real problem that starts way outside the designers or the  
company. For my part I feel a service design approach to the entire  
experience is in order to really re-think the process.


Best,

Andy


Andy Polaine

Research | Writing | Strategy
Interaction Concept Design
Education Futures

Twitter: apolaine
Skype: apolaine

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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-28 Thread Jeff Howard
That's awesome! Also, it should have a timer. Calculate how long it
would actually take to read and understand the terms and conditions
and then prevent the user from proceeding before that time has
elapsed. 45 minutes ought to do it. ;-)

// jeff

Santiago wrote:
 1. Place a link or button labeled I read the Terms 
  Conditions at the bottom of the terms...  2..leading 
 to a multiple choice test on legal issues, that users 
 must pass in order to continue.


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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-28 Thread AJKock
If I remember correctly, when I got my new credit card with Virgin
Money, they had a TC I had to sign, but they also had a human
version, which I actually read!

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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-28 Thread Andy Polaine
If I remember correctly, when I got my new credit card with Virgin  
Money, they had a TC I had to sign, but they also had a human  
version, which I actually read!


If I think of more personal services, such as getting a home loan  
(anyone still get one of those these days?!) or a pension, drafting a  
will, or some other kind of service involving a real person advising  
you, they would take you through the key points of this and explain  
them to you in plain language. Sometimes you even have to sign or  
initial each page. Not that I'd want to click Accept for a five page  
TC, but the principle is there that someone explains the key points  
to you and you can delve deeper if you like.


Given that the entire thing can have hyperlinks, it would seem  
possible to make a clear set of TCs that are readable, but linking to  
the full legal mumbo jumbo text, albeit with the probably necessary  
proviso of shirking responsibility for the easy to read version. That  
kind of multiple layering of information is exactly what interactive  
media excel at.


Best,

Andy


Andy Polaine

Research | Writing | Strategy
Interaction Concept Design
Education Futures

Twitter: apolaine
Skype: apolaine

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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-28 Thread bmclaughlin
WellI am glad I brought up the topic...

However, I am still looking for samples.

@ Andy Polaine %u2013 If I remember correctly, even though Apple
brings up another window to click Agree or not to, you still do not
have to reach the bottom of the TC for the window to open.

@ Jay Morgan %u2013 Your 3 scenarios match my first 3 sketched out
scenarios. My concern is that because this is not the norm, people
are not going to know to scroll to the bottom to see the call to
action. This leads to putting some type of instructional text
somewhere explaining the task. This of course is just adding to the
problem (adding more %u201Cnoise%u201D to the page/section). 



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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-28 Thread Andy Polaine
@ Andy Polaine %u2013 If I remember correctly, even though Apple  
brings up another window to click Agree or not to, you still do not  
have to reach the bottom of the TC for the window to open.


Yes, that's right. But it does force an Accept or Don't Accept  
decision before you can go any further - I find it a good balance of  
the two. Forcing users to scroll to the bottom is pointless because,  
as a few have pointed out, you can't prove or show or be sure that  
someone has actually read the text anyway. You can only prove/ensure  
the click.


Scrolling to the bottom is in some ways a worse solution because it's  
uncommon (and irritating) and people might miss it and just bomb out.


Best,

Andy


Andy Polaine

Research | Writing | Strategy
Interaction Concept Design
Education Futures

Twitter: apolaine
Skype: apolaine

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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-28 Thread bmclaughlin
I am certainly not trying to make a case that it is a good idea to
force someone to scroll to the bottom to accept the TC. I fully
agree there are better ways to handle this. And I also like the Apple
way of doing it.

However, the company is mandating that %u201Cthe user must reach the
end of the TC before they can accept them%u201D. They fully
understand that this does not mean that just because a person has
gotten to the end of the TCs that they have read any of it. They
fully understand that this is not common practice/behavior. Yet they
are insisting on this point.



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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-28 Thread Jared Spool


On Oct 27, 2008, at 10:43 AM, Santiago Bustelo wrote:


it is the job of every designer to blunt and, where possible,
eliminate the lawyer's attempts to sabotage your company's
products.


Or die trying.

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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-28 Thread Jeff Howard
Go to any Kinkos and sign into one of their self-serve computers.
Their terms and conditions make you scroll to the bottom of the
textbox before activating the buttons.

// jeff

bmclaughlin wrote:
 However, I am still looking for samples.  


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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-28 Thread Alinta Thornton
Of *course* people don't read the TCs. They're too long and convoluted.
I sometimes think that's just how the lawyers like it. ;-)

A nice solution is:
1. A scrollable text field (or link to a TC page/box) that you can skip
if you're so inclined. The legal responsibility for that is yours, just
as you can sign a contract without reading it if you want to, but your
agreement is still binding.

2. Bold headings through the text that summarise each major point
underneath, so at least users can know which things to read carefully.
For instance, a heading You have 100 free uses of each image, after
which you have to pay would cover the situation someone mentioned
earlier. Users eyes would catch the heading as they scroll and they'd
know to read this somewhat unexpected clause. 

The fact that the heading is merely a heading, and not a stand alone
plain English summary, makes most lawyers feel much more comfortable.
It's a pointer to what to read, not a translation. 

3. Anything unusual (and I think the pay after 100 uses situation
definitely counts) should be highlighted *outside* of the terms and
conditions box as well in the main area of the page, so that users who
always skip TC sections have a fighting chance of seeing it. 

And of course you can try getting the legal team to write English. It
can be done so that it's both legally correct and understandable (see
the Plain English movement, which has been around for over a decade. 

For instance, our automotive association in Australia, NRMA, has all its
documents in plain English, including its insurance documents, and their
world did not collapse. Check this out as a typical example, in
particular the what's covered section, which many insurance companies
make utterly incomprehensible:
http://www.nrma.com.au/documents/policy-booklets/home-policy.pdf


This is the book many people in Australia reference, but it's currently
out of print. I'm sure it's available somewhere though.
http://www.amazon.com/Writing-Plain-English-Robert-Eagleson/dp/064406848
5/ref=sr_1_1?ie=UTF8s=booksqid=1225258245sr=1-1

And there's also this, which is in print, but I haven't read it so can't
comments on its quality:
http://www.amazon.com/Legal-Writing-Plain-English-Publishing/dp/02262841
74/ref=sr_1_3?ie=UTF8s=booksqid=1225258245sr=1-3


Cheers

Alinta Thornton
User Experience Lead


independent digital media
web publishing | marketing+technology services | publisher solutions
Westside, Level 2 Suite C, 83 O'Riordan Street, Alexandria NSW Australia
2015
PO Box 7160, Alexandria, NSW 2015
W www.idmco.com.au

B http://eezia.blogspot.com

 


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of
Chauncey Wilson
Sent: Tuesday, 28 October 2008 4:23 AM
To: Eva Kaniasty
Cc: IxDA Discuss
Subject: Re: [IxDA Discuss] Terms and Conditions with a twist

The underlying issue here is how legal forms are evaluated.  We can
evaluate
whether people understand the terms, but that is not the same as the
evaluation that goes on in court. So, apart from all the opinion about
reading comprehension, is there any empirical data on the efficacy of
simplified legal forms over more complex legal forms.

I see an assumption in these discussion that no one reads the TCs, so
is
it possible that we are making assumptions without digging in to the
details.  Perhaps there are many good TC's but we rarely look at them
so we
are biased toward only the worst examples.

Chauncey


On Mon, Oct 27, 2008 at 1:10 PM, Eva Kaniasty [EMAIL PROTECTED]
wrote:

 Perfect timing for this discussion.  I get to copy  paste  my
thoughts
 from
 another list.  :)

 I think this is an interesting area for us usability folks to talk
about.
 Does legalese really have to be written in a style that is
inaccessible to
 99% of the population?
 I would argue that there is a way to express even the most complex
legal
 ideas in language that can be understood by the rest of us.

 I also think that the tradition of the 6 page terms  conditions is
often a
 subterfuge used to slip in terms that users would never agree to if
those
 same terms were put forth in a briefer/clearer form.  Legalese is a
way to
 pay lip service to transparency while hiding behind an implementation
that
 is anything but.   To me, the very importance of legal considerations
 argues
 for making those considerations clear to those who are unwittingly
entering
 into legal agreements by using websites or software.  Some recent
examples
 that come to mind are sites whose user agreements conveniently hand
over
 rights to any user-generated content to themselves.

 Has anybody seen examples of sites that manage to cover themselves
legally
 while using language that is clear and transparent?  I have seen some
 examples on newer websites, but now for the life of me I can't
remember
 where.

 -eva
  
 Welcome to the Interaction Design Association (IxDA)!
 To post to this list

[IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread McLaughlin Designs
I am looking for sample of Terms and Conditions acceptance with a bit of a 
twist.

Generally when I have set up TC acceptance in the past, there is a scrollable 
box with all the legal text followed by either a check box to say that you have 
read/accept the TC or there are radio button for “yes” and “no” about 
accepting them. In either case a person never has to actually read, or even 
scroll to the bottom of, the TC text. The common stuff...

However I have a client that will not accept (no pun intended) this. Their 
legal team is insisting that the user is forced to at least reach the bottom of 
the TC before they can accept them. They do understand that this does not mean 
that anyone had read the text, but they want to be able to say that at least 
someone has been forced to reach the end of the text before accepting it.

While I have some ideas about how to go about this, I was wondering if anyone 
knew of some sample that are online now that are doing this.

BTW – This is not something that is arguable with the legal team about not 
having this capability.


Thanks -

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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Steve Baty
The online game - Eve Online eve-online.com - implements this for their TC
during the installation. When you scroll to the bottom of the text you get
the option to accept or decline - but not before. This is an installed
application rather than a Web site, but the principle is as you've described
it.

Regards
Steve

2008/10/27 McLaughlin Designs [EMAIL PROTECTED]

 I am looking for sample of Terms and Conditions acceptance with a bit of a
 twist.

 Generally when I have set up TC acceptance in the past, there is a
 scrollable box with all the legal text followed by either a check box to say
 that you have read/accept the TC or there are radio button for yes and
 no about accepting them. In either case a person never has to actually
 read, or even scroll to the bottom of, the TC text. The common stuff...

 However I have a client that will not accept (no pun intended) this. Their
 legal team is insisting that the user is forced to at least reach the bottom
 of the TC before they can accept them. They do understand that this does
 not mean that anyone had read the text, but they want to be able to say that
 at least someone has been forced to reach the end of the text before
 accepting it.

 While I have some ideas about how to go about this, I was wondering if
 anyone knew of some sample that are online now that are doing this.

 BTW – This is not something that is arguable with the legal team about not
 having this capability.


 Thanks -
  http://www.ixda.org/help




-- 
--
Steve 'Doc' Baty B.Sc (Maths), M.EC, MBA
Principal Consultant
Meld Consulting
M: +61 417 061 292
E: [EMAIL PROTECTED]
Twitter: docbaty

Blog: http://docholdsfourth.blogspot.com
Contributor - UXMatters - www.uxmatters.com

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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Andy Polaine
It's such an insane way of thinking about TCs though because it  
assumes people actually read them. Nobody does. At least nobody that I  
know.


I once told a legal team from a bank that calling the legal info  
important information was terrible because it isn't important to  
anyone except other lawyers. Certainly not someone using the website.  
They agreed to legal information on the button instead, which of  
course meant nobody read it but they were covered.


Sigh.

p.s. To answer your question, sort of, Apple's installers do something  
similar. They show a screen of legal cack, then when you just hit  
continue it pops up an Accept Don't Accept alert that you have to  
click on one of to continue.



Best,

Andy


Andy Polaine

Research | Writing | Strategy
Interaction Concept Design
Education Futures

Twitter: apolaine
Skype: apolaine

http://playpen.polaine.com
http://www.designersreviewofbooks.com
http://www.omnium.net.au
http://www.antirom.com


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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Chauncey Wilson
Terms and conditions can be important and they do impose legal obligations
so perhaps we should encourage reading them through good design.  I bought
some clip art once and since my wife is an IP lawyer was always encouraged
to read the Terms and Conditions I discovered that I could use the clip art
for up to one hundreds copies per presentation, but after that I owed the
company some additional fees.  If you own a small company and use open
source software, you can lose some of the rights to your own intellectual
property if you don't read the fine print when you integrate an open source
utility with your own code.

Perhaps we should encourage people to read the terms and conditions.

Now I will wait to get skewered :-).

Chauncey

On Mon, Oct 27, 2008 at 9:19 AM, Andy Polaine [EMAIL PROTECTED] wrote:

 It's such an insane way of thinking about TCs though because it assumes
 people actually read them. Nobody does. At least nobody that I know.

 I once told a legal team from a bank that calling the legal info important
 information was terrible because it isn't important to anyone except other
 lawyers. Certainly not someone using the website. They agreed to legal
 information on the button instead, which of course meant nobody read it but
 they were covered.

 Sigh.

 p.s. To answer your question, sort of, Apple's installers do something
 similar. They show a screen of legal cack, then when you just hit continue
 it pops up an Accept Don't Accept alert that you have to click on one of
 to continue.


 Best,

 Andy

 
 Andy Polaine

 Research | Writing | Strategy
 Interaction Concept Design
 Education Futures

 Twitter: apolaine
 Skype: apolaine

 http://playpen.polaine.com
 http://www.designersreviewofbooks.com
 http://www.omnium.net.au
 http://www.antirom.com


 
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Mark Canlas
The same applies to the immensely popular and disruptive game World of
Warcraft. After every major update, the user is forced to at least scroll
all the way to the bottom of the terms before Accept or Decline are
accessible.

On Mon, Oct 27, 2008 at 5:59 AM, Steve Baty [EMAIL PROTECTED] wrote:

 The online game - Eve Online eve-online.com - implements this for their
 TC
 during the installation. When you scroll to the bottom of the text you get
 the option to accept or decline - but not before. This is an installed
 application rather than a Web site, but the principle is as you've
 described
 it.

 Regards
 Steve

 2008/10/27 McLaughlin Designs [EMAIL PROTECTED]

  I am looking for sample of Terms and Conditions acceptance with a bit of
 a
  twist.
 
  Generally when I have set up TC acceptance in the past, there is a
  scrollable box with all the legal text followed by either a check box to
 say
  that you have read/accept the TC or there are radio button for yes and
  no about accepting them. In either case a person never has to actually
  read, or even scroll to the bottom of, the TC text. The common stuff...
 
  However I have a client that will not accept (no pun intended) this.
 Their
  legal team is insisting that the user is forced to at least reach the
 bottom
  of the TC before they can accept them. They do understand that this does
  not mean that anyone had read the text, but they want to be able to say
 that
  at least someone has been forced to reach the end of the text before
  accepting it.
 
  While I have some ideas about how to go about this, I was wondering if
  anyone knew of some sample that are online now that are doing this.
 
  BTW – This is not something that is arguable with the legal team about
 not
  having this capability.
 
 
  Thanks -
   http://www.ixda.org/help




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 --
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Andy Polaine

Perhaps we should encourage people to read the terms and conditions.


Or perhaps we should not have quite so many terms and conditions and  
everyone relax a bit more. Copyright is in a tailspin anyway...


Best,

Andy


Andy Polaine

Research | Writing | Strategy
Interaction Concept Design
Education Futures

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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Carolynn Stanford
Slightly away from the original topic, Chauncey I think you raise a
great point... I wonder if the lawyers who insist TCs are prominent
and must be fully 'eye-balled' to be accepted would be willing to
take it a step further and look at the usability of their document?
Maybe creating an index of important points in the end-users language
(ie. not legal mumbo jumbo) and then reference the full text below?
That way users are more likely to skim it, pick up relevant points
and hopefully read further instead of thinking 'oh dear, yes I
accept because it's too painful to read' or in Jack's daughter's
case, actually wasting valuable years trying to understand :-)
I'm thinking something similar in structure to the W3C Accessibility
checkpoints doc, but obviously tailored for legal content:
http://www.w3.org/TR/WCAG10/full-checklist.html
What do you think?


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Mark Canlas
Great intention, for sure. But doesn't that make the situation even more
complex? You'd have to account for scenarios like I agreed to what was
mentioned in the Simple English! versus Well, no, you agreed to the
legalise. The Simple English and raw versions have no technical relation to
one another in cases where the Simple English version fails to mention some
sort of feature or caveat.

On Mon, Oct 27, 2008 at 10:03 AM, Carolynn Stanford 
[EMAIL PROTECTED] wrote:

 Slightly away from the original topic, Chauncey I think you raise a
 great point... I wonder if the lawyers who insist TCs are prominent
 and must be fully 'eye-balled' to be accepted would be willing to
 take it a step further and look at the usability of their document?
 Maybe creating an index of important points in the end-users language
 (ie. not legal mumbo jumbo) and then reference the full text below?
 That way users are more likely to skim it, pick up relevant points
 and hopefully read further instead of thinking 'oh dear, yes I
 accept because it's too painful to read' or in Jack's daughter's
 case, actually wasting valuable years trying to understand :-)
 I'm thinking something similar in structure to the W3C Accessibility
 checkpoints doc, but obviously tailored for legal content:
 http://www.w3.org/TR/WCAG10/full-checklist.html
 What do you think?


 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 http://www.ixda.org/discuss?post=34863


 
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Andy Polaine
Great intention, for sure. But doesn't that make the situation even  
more complex? You'd have to account for scenarios like I agreed to  
what was
mentioned in the Simple English! versus Well, no, you agreed to  
the legalise. The Simple English and raw versions have no technical  
relation to
one another in cases where the Simple English version fails to  
mention some sort of feature or caveat.


Yes, I imagine that would happen. Lawyers write in that convoluted way  
in order not to be misinterpreted. Ironic huh?


The law is an ass.

Best,

Andy


Andy Polaine

Research | Writing | Strategy
Interaction Concept Design
Education Futures

Twitter: apolaine
Skype: apolaine

http://playpen.polaine.com
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Carolynn Stanford
Can't we make that the lawyers problem? ;-)

Seriously, I wasn't thinking of re-writing the doc, more like a
layman's reference... take for example Chauncey's case above about
limited use of the clip art graphic. That's really important
information that most people will miss. So the reference statement
could say something along the lines of:

'Images are only free for a specified number of uses. *link: Refer
to paragraph 93*

So it was more of a highlighting guide than a summary, and you would
have to read the legal version of the statement, but the point is you
would know there was something that was applicable to you and would
read it instead of accepting and praying, and possibly ending up with
a horrible surprise and then feeling obliged to read every legal
statement presented to you thereafter... oh the horror! 

I guess we would need to take a legal doc and test the theory, but I
think it could prove interesting and certainly helpful to the end
user

(ps. I work in e-com web development so my perspective is from the
shopping side of TCs)

:-)


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Chauncey Wilson
Actually

Terms and conditions are complex and in the USA, states generally follow the
UCC, the Uniform Commercial Code, which generally harmonizes all the
different laws into one that is complex, but can be used across state
borders and one that lawyers recognize across the USA.  So, complex terms
and conditions are that way partly because of the many slightly different
state (and international laws).

Chauncey

On Mon, Oct 27, 2008 at 10:17 AM, Andy Polaine [EMAIL PROTECTED] wrote:

  Great intention, for sure. But doesn't that make the situation even more
 complex? You'd have to account for scenarios like I agreed to what was
 mentioned in the Simple English! versus Well, no, you agreed to the
 legalise. The Simple English and raw versions have no technical relation to
 one another in cases where the Simple English version fails to mention
 some sort of feature or caveat.


 Yes, I imagine that would happen. Lawyers write in that convoluted way in
 order not to be misinterpreted. Ironic huh?

 The law is an ass.

 Best,

 Andy

 
 Andy Polaine

 Research | Writing | Strategy
 Interaction Concept Design
 Education Futures

 Twitter: apolaine
 Skype: apolaine

 http://playpen.polaine.com
 http://www.designersreviewofbooks.com
 http://www.omnium.net.au
 http://www.antirom.com
 
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Leonardo Parra Agudelo

Here some random thoughts. 

It occurs to me that you could do something like Creative Commons, for 
instance: the Attribution-NonCommercial-NoDerivs 3.0 Unported license has a 
proper legal document at 
http://creativecommons.org/licenses/by-nc-nd/3.0/legalcode   but they also have 
the Human readable summary http://creativecommons.org/licenses/by-nc-nd/3.0/  
where they say This is a human-readable summary of the Legal Code (the full 
license).  I'm pointing at this, because the human-readable summary is 
probably what you really need non-legal people to read, and what people would 
be more interested in, since it makes sense, because most of us are not 
lawyers. The point being that it might be possible to get people curious about 
a full TC through a human-readable version, and it might be actually a better 
way to introduce people to legal terms. 

Best, 

Leonardo. 


- Original Message -
From: McLaughlin Designs [EMAIL PROTECTED]
Date: Monday, October 27, 2008 4:46 am
Subject: [IxDA Discuss] Terms and Conditions with a twist
To: [EMAIL PROTECTED]

 I am looking for sample of Terms and Conditions acceptance with 
 a bit of a twist.
 
 Generally when I have set up TC acceptance in the past, there 
 is a scrollable box with all the legal text followed by either a 
 check box to say that you have read/accept the TC or there are 
 radio button for “yes” and “no” about accepting them. In either 
 case a person never has to actually read, or even scroll to the 
 bottom of, the TC text. The common stuff...
 
 However I have a client that will not accept (no pun intended) 
 this. Their legal team is insisting that the user is forced to 
 at least reach the bottom of the TC before they can accept 
 them. They do understand that this does not mean that anyone had 
 read the text, but they want to be able to say that at least 
 someone has been forced to reach the end of the text before 
 accepting it.
 
 While I have some ideas about how to go about this, I was 
 wondering if anyone knew of some sample that are online now that 
 are doing this.
 
 BTW – This is not something that is arguable with the legal team 
 about not having this capability.
 
 
 Thanks -
 
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Katie Albers

At 2:19 PM +0100 10/27/08, Andy Polaine wrote:

snip


Sigh.

p.s. To answer your question, sort of, Apple's installers do 
something similar. They show a screen of legal cack, then when you 
just hit continue it pops up an Accept Don't Accept alert that 
you have to click on one of to continue.


Just to be a bit compulsive here...You actually have to hit Accept 
to continue. Don't Accept will shut down the installer.


Katie
--
Katie Albers, Senior Director
Web-Based Services
Mary-Margaret Network
Find.  Grow.  Work.  Play.
+1 310 356 7550 (voice)
+1 877 662 3777 x 709
[EMAIL PROTECTED]
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Predrag Koncar
Commission Junction is using that kind of TC form in the application
process.


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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Eva Kaniasty
Perfect timing for this discussion.  I get to copy  paste  my thoughts from
another list.  :)

I think this is an interesting area for us usability folks to talk about.
Does legalese really have to be written in a style that is inaccessible to
99% of the population?
I would argue that there is a way to express even the most complex legal
ideas in language that can be understood by the rest of us.

I also think that the tradition of the 6 page terms  conditions is often a
subterfuge used to slip in terms that users would never agree to if those
same terms were put forth in a briefer/clearer form.  Legalese is a way to
pay lip service to transparency while hiding behind an implementation that
is anything but.   To me, the very importance of legal considerations argues
for making those considerations clear to those who are unwittingly entering
into legal agreements by using websites or software.  Some recent examples
that come to mind are sites whose user agreements conveniently hand over
rights to any user-generated content to themselves.

Has anybody seen examples of sites that manage to cover themselves legally
while using language that is clear and transparent?  I have seen some
examples on newer websites, but now for the life of me I can't remember
where.

-eva

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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Chauncey Wilson
The underlying issue here is how legal forms are evaluated.  We can evaluate
whether people understand the terms, but that is not the same as the
evaluation that goes on in court. So, apart from all the opinion about
reading comprehension, is there any empirical data on the efficacy of
simplified legal forms over more complex legal forms.

I see an assumption in these discussion that no one reads the TCs, so is
it possible that we are making assumptions without digging in to the
details.  Perhaps there are many good TC's but we rarely look at them so we
are biased toward only the worst examples.

Chauncey


On Mon, Oct 27, 2008 at 1:10 PM, Eva Kaniasty [EMAIL PROTECTED] wrote:

 Perfect timing for this discussion.  I get to copy  paste  my thoughts
 from
 another list.  :)

 I think this is an interesting area for us usability folks to talk about.
 Does legalese really have to be written in a style that is inaccessible to
 99% of the population?
 I would argue that there is a way to express even the most complex legal
 ideas in language that can be understood by the rest of us.

 I also think that the tradition of the 6 page terms  conditions is often a
 subterfuge used to slip in terms that users would never agree to if those
 same terms were put forth in a briefer/clearer form.  Legalese is a way to
 pay lip service to transparency while hiding behind an implementation that
 is anything but.   To me, the very importance of legal considerations
 argues
 for making those considerations clear to those who are unwittingly entering
 into legal agreements by using websites or software.  Some recent examples
 that come to mind are sites whose user agreements conveniently hand over
 rights to any user-generated content to themselves.

 Has anybody seen examples of sites that manage to cover themselves legally
 while using language that is clear and transparent?  I have seen some
 examples on newer websites, but now for the life of me I can't remember
 where.

 -eva
  
 Welcome to the Interaction Design Association (IxDA)!
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Santiago Bustelo
There is a way to ensure users actually read the TC:

1. Place a link or button labeled I read the Terms  Conditions
at the bottom of the terms...
2. ...leading to a multiple choice test on legal issues, that users
must pass in order to continue.

For extra points, change the questions on page refresh. That will
prevent users from cheating, i.e., going back to find the answers.
Only truthful users, who truly understand the TC, will be able to
proceed.

That would make lawyers happy, and the process as user-friendly as a
subpoena ;-)

-- 

Santiago Bustelo // icograma
Buenos Aires, Argentina


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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Santiago Bustelo
On Bruce Tognazzi's words:

it is the job of every designer to blunt and, where possible,
eliminate the lawyer's attempts to sabotage your company's
products.

Full article: http://www.asktog.com/columns/049Lawyers.html

-- 

Santiago Bustelo // icograma
Buenos Aires, Argentina


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Katie Albers

At 1:23 PM -0400 10/27/08, Chauncey Wilson wrote:

The underlying issue here is how legal forms are evaluated.  We can evaluate
whether people understand the terms, but that is not the same as the
evaluation that goes on in court. So, apart from all the opinion about
reading comprehension, is there any empirical data on the efficacy of
simplified legal forms over more complex legal forms.


The problem is that legal language is differently defined than 
normal language. Take the infamous give, devise and bequeath 
language that is standard in Wills. Don't they all mean in event of 
my death this should go to this other person? Well, yes, but the 
problem is that legally give applies generally to personal 
property, devise is restricted to real estate, and bequeath 
refers only to transferring ownership of personal property by a Will. 
If a will is poorly written then it's possible that the desired 
transfer would not take place because the transfer wasn't properly 
described. So you can't just say I bequeath my house to my 
daughter, because she may end up owning the house but not the land 
under it.


Similar issues exist throughout law...what sounds like the plain 
English translation may carry or fail to carry very particular and 
important pieces of the meaning of the statement.


kt



I see an assumption in these discussion that no one reads the TCs, so is
it possible that we are making assumptions without digging in to the
details.  Perhaps there are many good TC's but we rarely look at them so we
are biased toward only the worst examples.

Chauncey


On Mon, Oct 27, 2008 at 1:10 PM, Eva Kaniasty [EMAIL PROTECTED] wrote:


 Perfect timing for this discussion.  I get to copy  paste  my thoughts
 from
 another list.  :)

 I think this is an interesting area for us usability folks to talk about.
 Does legalese really have to be written in a style that is inaccessible to
 99% of the population?
 I would argue that there is a way to express even the most complex legal
 ideas in language that can be understood by the rest of us.

 I also think that the tradition of the 6 page terms  conditions is often a
 subterfuge used to slip in terms that users would never agree to if those
 same terms were put forth in a briefer/clearer form.  Legalese is a way to
 pay lip service to transparency while hiding behind an implementation that
 is anything but.   To me, the very importance of legal considerations
 argues
 for making those considerations clear to those who are unwittingly entering
 into legal agreements by using websites or software.  Some recent examples
 that come to mind are sites whose user agreements conveniently hand over
 rights to any user-generated content to themselves.

 Has anybody seen examples of sites that manage to cover themselves legally
 while using language that is clear and transparent?  I have seen some
 examples on newer websites, but now for the life of me I can't remember
 where.

 -eva
  
 Welcome to the Interaction Design Association (IxDA)!
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Loren Baxter
On Mon, Oct 27, 2008 at 10:55 AM, Katie Albers [EMAIL PROTECTED]wrote:

 Similar issues exist throughout law...what sounds like the plain English
 translation may carry or fail to carry very particular and important pieces
 of the meaning of the statement.

 kt


That's a great point Katie.  It seems like the necessity for the legalese
won't go away.  Still, the need for people to actually get some
understanding from these agreements definitely isn't being filled.  It seems
like some provision needs to be made for paraphrasing and simplifying.

Imagine if the legal agreement came in two parts: the first is a Human
Readable version, which comes with the understanding that the fundamental
legal terms are elsewhere, with a link.  The second part is your standard
legal-jabber.

That's how creative commons does it:
http://creativecommons.org/licenses/by-nc-sa/2.0/

Loren

-
http://acleandesign.com

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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread Jay Morgan
Original question about 'how to force/ensure TC perusal prior to
agreement':Years ago (early 2000's) I was branded by this experience where a
TC dialogue box broke my expectations: After several attempts to click
through, I figured out i *had to* scroll all the way through the TC text
box before I could click Accept and succeed. Ever since then, I've been on
the watch for others. It seems the original was something like AOL or
Napster or MS Money.

I've seen three versions of this:
- scroll to bottom of text box where you find the call-to-action
- scroll to bottom before being able to click
- using a rich layer to show the call-to-action when a user tries to do
something else

Later question about 'why not have plain language terms':
Southwest Airlines, www.southwest.com, has the most accessible terms and
conditions i've ever seen on their ticket policy. In fact, I think I've seen
both Forrester and AdaptivePath cite the example. This is exceptional
because ticket policies are akin to the offspring of a perpetual motion
machine and a Rube Goldberg machine. I'm guessing SWA's came from their
corporate culture, not from the urging of a designer.

The bottom line seems to be: The company will communicate clearly with
customers when they communicate clearly with each other. I agree that it's
our responsibility to help them see the value of and accept the
responsibility for that task.


I hope this helps.
-Jay


On Mon, Oct 27, 2008 at 4:17 AM, McLaughlin Designs 
[EMAIL PROTECTED] wrote:

 I am looking for sample of Terms and Conditions acceptance with a bit of a
 twist.

 Generally when I have set up TC acceptance in the past, there is a
 scrollable box with all the legal text followed by either a check box to say
 that you have read/accept the TC or there are radio button for yes and
 no about accepting them. In either case a person never has to actually
 read, or even scroll to the bottom of, the TC text. The common stuff...

 However I have a client that will not accept (no pun intended) this. Their
 legal team is insisting that the user is forced to at least reach the bottom
 of the TC before they can accept them. They do understand that this does
 not mean that anyone had read the text, but they want to be able to say that
 at least someone has been forced to reach the end of the text before
 accepting it.

 While I have some ideas about how to go about this, I was wondering if
 anyone knew of some sample that are online now that are doing this.

 BTW – This is not something that is arguable with the legal team about not
 having this capability.


 Thanks -
 
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Re: [IxDA Discuss] Terms and Conditions with a twist

2008-10-27 Thread jennifer . r . vignone
Sometimes it is worth just showing the Terms and Conditions for the 
purpose of capturing the user's click-through that makes it all 
worthwhile.

It is impossible to make certain that users will read the terms and 
conditions. However, with the applications I have worked on, it seems that 
the act of acknowledgement of the terms and conditions covers the bases as 
much as the actual reading. What the acknowledgement does is provide an 
indication that the user was presented with the terms and conditions, and 
when they sign off on them, we capture that in a database so that we have 
proof of the acknowledgement. This is very important to us because we are 
usually telling our clients that if they use the information to trade, and 
the application is just for reporting, for example, they do so without our 
advisement and approval and basically, they shouldn't. If we have captured 
their acknowledgement, then we have at least some proof that it was seen. 
In the event of a major feature update, we re-release an updated 
acknowledgement and force it so the user has to accept it again. We 
capture this as well, so we have some modicum of protection.

As to the usability of the document itself, that is really up to the 
involvement of the Business and Technology teams working on the document 
with Legal and Compliance. I have been involved in many of these meetings 
and have found Legal and Compliance very much willing to make the right 
statements. Oftentimes it is the lack of Business and Technology's 
involvement, in asking questions and explaining exactly what the 
application or site does and where the holes might be, that leads them to 
provide a form statement. Legal and Compliance wouldn't allow anything 
to be released if they had their druthers, because that is the ultimate 
protection.

Jennifer Vignone
User Experience Design
[EMAIL PROTECTED] 





Andy Polaine [EMAIL PROTECTED] 
Sent by: [EMAIL PROTECTED]
10/27/2008 09:19 AM

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Re: [IxDA Discuss] Terms and Conditions with a twist






It's such an insane way of thinking about TCs though because it 
assumes people actually read them. Nobody does. At least nobody that I 
know.

I once told a legal team from a bank that calling the legal info 
important information was terrible because it isn't important to 
anyone except other lawyers. Certainly not someone using the website. 
They agreed to legal information on the button instead, which of 
course meant nobody read it but they were covered.

Sigh.

p.s. To answer your question, sort of, Apple's installers do something 
similar. They show a screen of legal cack, then when you just hit 
continue it pops up an Accept Don't Accept alert that you have to 
click on one of to continue.


Best,

Andy


Andy Polaine

Research | Writing | Strategy
Interaction Concept Design
Education Futures

Twitter: apolaine
Skype: apolaine

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