Have you ever read the Terms of Use or End User License Agreement that comes with the software you use? That little box that you have to accept whenever you install/use a new program on your computer?

The language always varies, but the underlying message is pretty much the same. It states very specifically what they do and don’t guarantee will function in their software, and lays down rules about how you’re allowed to use and distrubute the programe. Things like if you only paid for one copy, you can’t install it on every computer in the neighborhood, etc.

They also all have a couple of specific lines that a lot of people don’t think about when they click ‘Accept’. The first usually says something along the lines of “We reserve the right to modify this agreement at any time without notice.”

In other words, if they find a loophole, they can fix it first and then tell you later. Or not tell you at all if they choose.

The second is more wordy. But it basically says that unless it’s spelled out in the document you’re reading, it’s not covered by their warranty or them in any way. Something like “The manufacturer or installer give no other express warranties, guarantees or conditions, written or implied…”

I’m thinking about this today because when I use a piece of software, I have certain expectations. Like, that it will function as advertised. However, my interpretation of as advertised may be very different from what the manufacturer intended. Like, I may expect a game I pay for to be up 99.98% of the time (a typical online software figure. Some companies may be bold and extend it to 99.998%’). But if it doesn’t say that anywhere in the terms of use, the company doesn’t actually owe that to me.

That’s how they keep their butts out of court.

My point…wouldn’t it be nice if the unwritten contract we have with our readers worked the same way? If they misinterpret something we write, we could just say “Nope, that’s not what I intended, so you’re wrong.”

Then again, art is about intepretation so that might take all the fun out of it. I think it’s fascinating to see how people interpret my characters and stories differently than I intended. Well, fascinating until they tell me I’m wrong. I’m so grouchy about that.

I guess the thing is, we don’t have that liberty as authors. Someone can not like our stuff, and it’s their opinion, and their right. We can’t make them understand (well, maybe we can if they open a dialogue, but that’s not going to happen with every reader). And since there’s no legal obligation to either of us, they’re allowed to not like it. That doesn’t mean we were wrong, it doesn’t mean they were wrong.

‘Good story’ isn’t contractually defined. Leaves us with a lot of wiggle room. Not a bad thing if you ask me ^_^