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	<title>Comments on: Unilaterally Amending &#8220;Virtual Attachments&#8221;</title>
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		<title>By: ML</title>
		<link>http://www.adamsdrafting.com/2007/07/23/unilaterally-amending-virtual-attachments/comment-page-1/#comment-7080</link>
		<dc:creator>ML</dc:creator>
		<pubDate>Wed, 01 Aug 2007 13:18:43 +0000</pubDate>
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		<description>OK, Your original comment was not clear about the URLs.  You want more specificity, and I agree that would be preferable overall.  In fact, I wonder whether the lack of specificity could be an issue in a trial?

As for having Sprint post past agreements, I don&#039;t think that they have any obligation to do so.  When my company supercedes a previous version of an agreement that we use in negotiations, we remove all past versions to ensure that only the current version of the agreement and the related T&amp;Cs will be used.  It&#039;s much the same as having your bank send a flyer of new T&amp;Cs or anything else.  Why do you need the old agreement once the new one takes effect?  If you as the consumer want to keep a copy, it&#039;s your obligation to maintain your own archive.  As a vendor, I would fear a risk of confusion if multiple versions were available for review by the public, since the public doesn&#039;t always pay attention to which one is current and when another became obsolete.

If you want to obtain Sprint&#039;s older agreements, I suggest you contact them and ask for copies.  Let us know their response.</description>
		<content:encoded><![CDATA[<p>OK, Your original comment was not clear about the URLs.  You want more specificity, and I agree that would be preferable overall.  In fact, I wonder whether the lack of specificity could be an issue in a trial?</p>
<p>As for having Sprint post past agreements, I don&#8217;t think that they have any obligation to do so.  When my company supercedes a previous version of an agreement that we use in negotiations, we remove all past versions to ensure that only the current version of the agreement and the related T&amp;Cs will be used.  It&#8217;s much the same as having your bank send a flyer of new T&amp;Cs or anything else.  Why do you need the old agreement once the new one takes effect?  If you as the consumer want to keep a copy, it&#8217;s your obligation to maintain your own archive.  As a vendor, I would fear a risk of confusion if multiple versions were available for review by the public, since the public doesn&#8217;t always pay attention to which one is current and when another became obsolete.</p>
<p>If you want to obtain Sprint&#8217;s older agreements, I suggest you contact them and ask for copies.  Let us know their response.</p>
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		<title>By: mike</title>
		<link>http://www.adamsdrafting.com/2007/07/23/unilaterally-amending-virtual-attachments/comment-page-1/#comment-7060</link>
		<dc:creator>mike</dc:creator>
		<pubDate>Tue, 31 Jul 2007 20:52:14 +0000</pubDate>
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		<description>The point would be, that reference in the contract to specifically incorporated documents are merely to that URL, and not to the correct agreement. For example, find the document entitled &quot;ELECTRONIC INVOICE REPORTING AND ANALYTICS PRODUCT ANNEX&quot; at that URL, or, for that matter, any of the other ones linked that way in the general terms and conditions: http://www.sprint.com/business/resources/ratesandterms/Standard_Terms_and_Conditions_for_Communications_Services.pdf.

I have no problem with archiving of contracts. Indeed, I think that&#039;s a wise solution. However, that&#039;s not what Sprint seems to do. Their method of incorporation by mere reference to a generic URL you loses reference to specific versions and I can&#039;t seem to see where they post old versions. Can you? 

Also, the wayback machine is only so effective for determining which version of a contract is applicable at a particular time.

And, as a real solution, I just searched for the terms, attached them directly to the executed document, removed the awkward reference, and fixed them in time and place.</description>
		<content:encoded><![CDATA[<p>The point would be, that reference in the contract to specifically incorporated documents are merely to that URL, and not to the correct agreement. For example, find the document entitled &#8220;ELECTRONIC INVOICE REPORTING AND ANALYTICS PRODUCT ANNEX&#8221; at that URL, or, for that matter, any of the other ones linked that way in the general terms and conditions: <a href="http://www.sprint.com/business/resources/ratesandterms/Standard_Terms_and_Conditions_for_Communications_Services.pdf" rel="nofollow">http://www.sprint.com/business/resources/ratesandterms/Standard_Terms_and_Conditions_for_Communications_Services.pdf</a>.</p>
<p>I have no problem with archiving of contracts. Indeed, I think that&#8217;s a wise solution. However, that&#8217;s not what Sprint seems to do. Their method of incorporation by mere reference to a generic URL you loses reference to specific versions and I can&#8217;t seem to see where they post old versions. Can you? </p>
<p>Also, the wayback machine is only so effective for determining which version of a contract is applicable at a particular time.</p>
<p>And, as a real solution, I just searched for the terms, attached them directly to the executed document, removed the awkward reference, and fixed them in time and place.</p>
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		<title>By: ML</title>
		<link>http://www.adamsdrafting.com/2007/07/23/unilaterally-amending-virtual-attachments/comment-page-1/#comment-7024</link>
		<dc:creator>ML</dc:creator>
		<pubDate>Mon, 30 Jul 2007 21:41:57 +0000</pubDate>
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		<description>Um, isn&#039;t &quot;www.sprint.com/ratesandconditions&quot; a URL?  Click it and you do get a page titled &quot;Regulatory, Tariffs, Rates and Terms&quot; which seems to include the referenced documents.

It&#039;s not unusual for old versions to not be kept where people can find them for posterity&#039;s sake - they are often retained in the Legal Department or some other location, but the company doesn&#039;t want users to be confused with multiple versions &quot;live&quot;.  You can always try a wayback machine to find earlier ones - or do what I do, and archive copies, marked by date, on my computer for future reference.</description>
		<content:encoded><![CDATA[<p>Um, isn&#8217;t &#8220;www.sprint.com/ratesandconditions&#8221; a URL?  Click it and you do get a page titled &#8220;Regulatory, Tariffs, Rates and Terms&#8221; which seems to include the referenced documents.</p>
<p>It&#8217;s not unusual for old versions to not be kept where people can find them for posterity&#8217;s sake &#8211; they are often retained in the Legal Department or some other location, but the company doesn&#8217;t want users to be confused with multiple versions &#8220;live&#8221;.  You can always try a wayback machine to find earlier ones &#8211; or do what I do, and archive copies, marked by date, on my computer for future reference.</p>
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		<title>By: mike</title>
		<link>http://www.adamsdrafting.com/2007/07/23/unilaterally-amending-virtual-attachments/comment-page-1/#comment-6869</link>
		<dc:creator>mike</dc:creator>
		<pubDate>Tue, 24 Jul 2007 22:15:10 +0000</pubDate>
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		<description>Take a look at Sprint&#039;s cellphone contract terms and conditions sometime. They frequently refer to documents &quot;posted at www.sprint.com/ratesandconditions.&quot; Unlike the agreements in dispute in this case, there isn&#039;t even a reference to a particular URL. The kicker is that there service agreements typically refer to a number of these terms.

The real kicker is that they&#039;re also not easily found, subject to change, and old versions don&#039;t seem to be retained for posterities sake. Baffling.</description>
		<content:encoded><![CDATA[<p>Take a look at Sprint&#8217;s cellphone contract terms and conditions sometime. They frequently refer to documents &#8220;posted at <a href="http://www.sprint.com/ratesandconditions" rel="nofollow">http://www.sprint.com/ratesandconditions</a>.&#8221; Unlike the agreements in dispute in this case, there isn&#8217;t even a reference to a particular URL. The kicker is that there service agreements typically refer to a number of these terms.</p>
<p>The real kicker is that they&#8217;re also not easily found, subject to change, and old versions don&#8217;t seem to be retained for posterities sake. Baffling.</p>
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