For the Oracle example, big, old-school companies like this are definitely the hardest to get onboard. However, there are examples of large enterprises adopting standard contracts, including:
The biggest banks in the world trade derivatives using the ISDA master agreement (here's an example of Bank of America that they filed publicly: https://www.sec.gov/Archives/edgar/data/1065696/000119312511...)
The largest ad platforms and advertisers use the IAB standard terms, often with a short addition specific to their company (Here's an example from Disney https://disneyconnect.com/dpep/disney-ad-guidelines/)
We've already seen examples of Fortune 500 companies signing Common Paper agreements, and we're hopeful that it will become more and more accepted by them over time
The NDA is definitely the highest volume agreement, however. And a lot more of the deals are for 10k than $300k.
Stats like those I shared above are from a combination of what users tell us and from aggregated, anonymized metrics across our app.
If both sides are arguing for their own custom template, then it's basically an arm wrestling match and whoever has the most leverage wins. If one side instead says "We adopted this independent standard created by attorneys from a bunch of companies" they get more leverage while being less adversarial.
Our early users saw a significant increase in the percentage of deals on their own paper (which is/was the standard) before they could be getting any benefit from the customer having seen the agreement before.
I've spoken with lots of lawyers in procurement at large companies. They're typically perceived as a cost center, and they often have to deal with lots of people from the rest of the business complaining that the contracts need to be reviewed/approved faster.
If they are processing thousands of vendor contracts per year, think about how much faster they can be if most/all of those contracts are on their in-house template, rather than a different template for each vendor.
But if lots of their vendors are using a standard contract, then there isn't the same cost in terms of time for using it.
All that said, this is going to be hard, and we're not expecting everyone to change overnight. We have, however, been encouraged to see examples of large companies signing the standard contracts, and we're grateful to have attorneys from big companies like Thompson Reuters and Salesforce on our committee.
However, the idea of standard, programmable contracts is awesome!
One question: In your example of being forced to use Oracle's paperwork - it's not clear how CommonPaper would solve that - wouldn't you still have been forced to use Oracle's contract?