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86 Tul. L. Rev. 519 (2011-2012)

handle is hein.journals/tulr86 and id is 525 raw text is: TULANE LAW REVIEW VOL. 86 FEBRUARY 2012 No. 3 Many-to-Many Contracts Heidi S. Bond* In classical contract law the concept of one-to-one negotiations is familiar contracts where one party negotiates with the other ant eventually terms air offered and then accepted Mom modern times have made us comfortable with the notion of one-to-many contracts: contracts typically drafled bylarge corporations and then disturbutedon a take-it-or-leave-it basis to the masses. ThisArticle dhscusses a thrd and of contract: a many-to-many contract which may look like the standard one-to-many contract in that it is composed of nonnegotiable language But when the arrangements between the parties are further considered we will see that the point ofthe contract is not for one party to impose its terms on another without question, but fora series ofparties to determine the best way to facilitate interchange. In such situations, inposig standard doctrines of contract interprrtation may frustrate the purpose of the contract entrely and for that reason, courts should appmach the interpretation of these contracts with Cam. I. INTRODUCTION ..........................................520 II. ONE-TO-ONE AND ONE-TO-MANY CONTRACTS: How RELATIONSHIPS AMONG PARTIES DETERMINE CONTRACT CONSTRUCTION ........................................524 III. THE MANY-TO-MANY CONTEXT: How STRUCTURAL DIFFERENCES MATrER.............................530 A. The GPL as a Many-to-Many Contract .... ...........532 1. The Birth of the GPL: Coordinating Many Parties. ........................... .....533 * © 2012 Heidi S. Bond. Assistant Professor, Seattle University School of Law. I would like to thank Rebecca Eisenberg, Don Herzog, Omri Ben-Shahar, Maggie Chen, Adam Blumenkrantz, Alaina Fotiu-Wojtowicz, Nadine Gartner, Matt Morris, Rebecca McNeill, Matt Rojas, Kim Vu, Moran Yahav, Laura Yockey, and Chris Zealand for helpful comments and criticism. 519

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