Re:Italian Courts Find Open Source Software Terms Enforceable
by namibj on Monday December 27, 2021 @05:03PM
(#29707370)
Indeed, the normal threshold for whether a contract was/is an AGB (stnadard form contract; allgemeine geschaeftsbedingungen = general rules of business ~ TOS) is whether it was practically negotiable.
Standard form contracts (take it or leave it rules that are distributed to everyone) are exempt from this though (here the void part falls back to default rules).