This is a revised version of a recent presentation made to the Computer Law and the Intellectual Property Sections of the Connecticut Bar Association. The point of view of this discussion is that of the business client.
Most people think the most important issue in a contract is money.
But that's only half the story. The other half deals with the allocation of risk between the parties. When a commercial Web Site is brought online there are potential problems involving copyrights, trademarks, trade secrets, fraud, slander, etc. There are also potential criminal law problems involving harassment, discrimination, obscenity and child pornography. The goal of the contracting process is to allocate responsibility for those risks between the parties to the transaction.