14 October 2013

Google Users And Developers BEWARE Google Lawyers' Unilateral Rule Changes "Effective" 11 November 2013

       Sunday, 13 October 2013, MOUNTAIN VIEW, CA. - Well we all know that this is the day and this is the age when a very strange thing has occurred with contracts and other areas of law. As best we of the Ninth Amendment Editorial Board recall there were a great many tenets of the law stretching far back to the common law that long predated the TYRANNY OF THE CORPORATIONS SUCH AS GOOGLE. How long must we close our eyes and pretend that we are utterly blind to the fundamental concepts of the great foundations of the once great and now completely eviscerated foundations of the legal system as handed down from the ironclad principles of such things as the English Common Law?
       Was it not any longer ago than our parents' lifetimes that institutions engaging in the practices of our banks, our credit card companies, our insurance companies and all that ilk would be taken out and strung up for the practices they have come to embrace with reckless abandon today crushing the ordinary workingperson with unilateral after-the-fact dictates of once-"loans" now become champions of "usury" and all form of injustice from which they no longer are held back by any form of BILATERAL (yes, that is correct, two parties) agreement rather than by one party's "fiat".
       Does anyone remember when a contract was a "meeting of the minds", does anyone remember such quaint concepts as a mutuality of consideration and things such as "terms and conditions" which actually were agreed to by the parties rather than simply ANNOUNCED by one party to the other, well, readers here we go again. . . .
       Now does anyone really know what in the world Google has been up to enslaving over two million families around the world allegedly writing their blogs amidst GREAT TALES OF RICHES while how rarely is it that we ever see them actually come to fruition except of course Google's latest joint schemes with the CIA to do what we do not know? Well readers we have been at this Ninth Amendment log some time now and there must be a leak somewhere in our piggy bank. That is all we can imagine as we have yet to receive even our first advertising pay?
       Well be warned Google if these young (yes of course 18+) children can make theirs and their families' fortunes we have decided that we too now shall read up and try to make sense of every bit of this endless series of Google pages that always to point both ways at the bottom (ever seen that one before?) yet never seem to come to any conclusion which yields any more MONEY for the faithful. Google cannot just be in the business of making 2 million families rich, can it? No thank you we do not want anymore "followers" and "+1ers" nor "circles of Google friends", we are going to figure this out once and for all and demand some accounting of exactly in what amounts and to whom and for how long those first checks and long since direct deposits started to flow. We are owed an accounting are we not? Perhaps a FOIA to the right-placed federal agencies?
       We do come carrying some news of WARNING, HOWEVER, GOOGLERS!  You have been warned if you weed carefully through the endlessly back circling computer text screens so start reading up ahead of next month. Yes come 11 November 2013 or on or about same day thereabouts the UNILATERAL GOOGLE TERMS AND CONDITIONS ARE CHANGING ONCE AGAIN.
       YOU HAVE BEEN WARNED. READ IT IN ADVANCE, AND JUST TRY AND FIGURE OUT WHAT IT IS ALL ABOUT, OR ASK YOUR LAWYER IF YOU HAVE ENOUGH TIED UP IN IT. ASSUME IT IS NOT IN YOUR BEST INTEREST. NOW, EVERYONE, ALL TOGETHER NOW, LET US MAKE SOME MONEY AT THIS THING. GO, GO, GO, EVEN IF YOU NEED WRITE 500 BLOGS EACH WITH 499 FULL OF GOOGLE-SANCTIONED "ADULT MATERIAL".
       As best we can tell you do not need to tell anyone your real name, your real anything, except maybe the tax man, except for now your "Circle of Friends" can "repay the favor" according to Google and repay all the writing you have done with some recommendations where they send on your work to be re-advertised, re-monetized, re-Bloggerized in its entirety.
       Remember that date November 11, 2003, and try to figure out exactly what it is they are up to right to THIS TIME now what have have they planned right that very minute? Roll out the Blogs, Google we are ready for our share of that cash and so much for your "contracts" your "terms and conditions" that are neither but dunenforceable unilateral breaches of contract. Show us the money!
       Now we are no practicing lawyers but we bet that Google has a few lawyers themselves who might explain (to Google in any case) why is it that Google NEEDS TO CHANGE UNILATERALLY THOSE "TERMS" AND "CONDITIONS" such that Google can take and adapt the Google's developers' (that is right, "us", we their friends) "intellectual property" developed for challenges but only for things such as Google's "business purposes" but otherwise "totally" respect our "intellectual property" rights oh yes, yes, really indeed to our ideas.
      Funny we did not see any such language going the other way? Nothing about us being able to make fair and necessary use of Google's "intellectual property". Oh, no, no, quite the opposite. After all we "developers" are not their "employees", we certainly have not been afforded those kinds of rights and assurances of employees have we? No reason Google should have acquired any rights to any intellectual property we might develop on OUR OWN TIME or why WE SHOULD NOT SUE GOOGLE should it mistakenly ascertain that after it it really did need "OUR INTELLECTUAL PROPERTY" to further Google's "BUSINESS PURPOSES".
     Any chance Google might actually write these things down say ON PAPER and STAPLE and COLLATE them in order? So much easier to try and make sense of one's terms and conditions if they are not presented to one in what appear to be home-made movies made by virtual children whom one is not even sure work for Google or, alas, do not?
     Oh we can be so picky! Any chance Google might actually have its lawyers prepare say just a little itsy-bitsy statement that some people might wish actually to have their own lawyers look over all this material presented in such a DECEPTIVELY OFF-HAND WAY? Just a guess. Sometimes we scare ourselves we seem to make so much more sense than the ones who are paid so much NOT to get GOOGLE SUED? Finally while we are at it the "Terms and Conditions" do seem to anticipate at least the possibility of less than total harmony, their close making clear (unilaterally of course) that should their be any little disagreement that "Calfiornia Law Shall Govern". Only that is "As to choice of law provisions".
       Any of you twenty-year-old developers happen to have a clue what that might be about? Well, just going out on a limb, let us just guess that Google believes the laws of the Great State of California can be expected to bring a FAVORABLE outcome in any dispute against Google, which after all pays about half the State's budget, does it not? However, in the rare case where Google might not be expected to win , such as to the children's work laws which instead look favorable in say the Great Nation of Tibet, in that case might it not be prudent to have the Googlers pack up their suits and in that one special-circumstance case make at least just that one long flight over to Tibet, give the others a break on that airfare just that once? Sometimes it is just so hard to make sense of what really are one's best ime/tions

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