So I just wrote a few letters of recommendations for graduate school. Traditionally, this involves writing an actual letter, maybe checking items on a form, etc., and mailing (or emailing) these materials to an admissions committee. Increasingly, however, it often involves working through an outsourced third-party company that manages the admission application process. In some ways it makes sense.

But you also hitch your free & open University wagon to a Business, with any attendant stupidity.

So, in order to help my students have a decent shot at grad school, I had to agree to certain somewhat insane and (in my mind) questionably legal terms & conditions (quotations from T&C in footnotes, emphasis mine):

• You agree never to hold them responsible for anything, even if it’s obviously and legally their fault¹
• If you live somewhere that terms like these are illegal, then you can’t ever claim more than $100²
• but if YOU violate any of these terms, there is no limitation on what damages you might pay³
• and you have to agree if you want your student to have a chance at grad school⁴

I’m with Leo Lessig and others who would like to see some backlash against companies denying (or pretending to deny) citizens of their rights in legally-questionable, morally-stupid ways. Stuff like this is part of the poopy sediment settling over the landscape of our societies.

1. …hold ApplyYourself… harmless from and against any indirect damages whatsoever [including... damages resulting from lost data, lost employment or educational opportunity...] … whether based on warranty, contract, tort, or any other legal theory, and whether or not ApplyYourself is cognizant of the possibility of such damages. [↩]
2. If any provision of these Terms of Use is held inapplicable or unenforceable for any reason, ApplyYourself shall be held liable for no more than U.S. $100.00… [↩]
3. …in addition to monetary damages, ApplyYourself shall be entitled to equitable relief upon a breach of these Terms of Use by you. [↩]
4. By clicking ‘I agree’ you acknowledge that you have read and understand the terms and conditions presented herein. Your acknowledgement is required for you to complete the recommendation online. [↩]