Contracts Contracts Contracts

An anonymous reader submits: "There's an article over at CNet about all those software contracts that are out there, and what to watch for before signing the dotted line. Using California's $95 million Oracle problem, they define what the general terms are that get used in software procurement and support contracts. While mostly geared at commercial software, one can use most of this article to target open source tech support contracts."

Comments

Can't sue open source

[cdtoad]

I've discovered that most companies that I've "contracted" with won't use the open source suggestions I give them simply cuz they can't SUE someone if things go wrong. I also state in my contract that they can't sue me for anything other than bad programming and for them to prove that! Ha!

Should have Standardized EULAs

[Anonymous Coward]

In several other industries, there are "standard contracts", and I think it is well past time that became the case in the Software Industry. A specific example is the Building/Construction industry. They have "AIA" (I forget what that stands for, but it should be easy to find) standard contracts that they can call on so everyone is on the same page. A very good idea.

One reason I love Open Source software is that there are only a few licenses that I have to know about, and just by knowing the name of them, for example knowing something falls under the "GPL", or a "BSD" license, I know EXACTLY what to expect. This is of immense value to me as a user of software.

I think that property should be more heavily emphasized by the Open Source industry.

Frankly, I don't know why people put up with the EULA uncertainty and why the courts let Software companies take advantage of people in that fashion. They don't for most other products, heck even "media/content" products.

Erich Boleyn
erich@uruk.org

What was that line again?

[drew_kime]

It's not about the purchase price, it's the total cost of ownership that's important. Right? Right?

Stephen Davidson, an attorney and chairman of the intellectual property and information technology law department at Minneapolis-based Leonard Street and Deinard, cited one case in which a company temporarily used licensed software on a computer that was more powerful than noted in the contract. That put the customer at risk of triggering an expansion charge of nearly $1 million and a threat that the license agreement would be terminated if the fee was not paid.

That's the thing you'll never see with OSS. At worst, you'll lost the support contract, but the software will always be yours.

I look forward to the day

[Bobtree]

when there are standardized EULA's for proprietary software. Free software is way ahead of the game here. Sooner or later, users will demand something reasonable from the proprietary majority as well. Someday I hope something akin to a software users' bill of rights lets us all sleep better at night.

Re:The fool...

[Dynedain]

ummm....the pvc banning isn't just a union thing

My house was built with (illegal in our county) internal pvc supply lines about 15 years ago.

Last August a pipe broke and flooded two rooms, destroyed wallpaper, drywall, etc...

Copper pipes would not have had a problem.

And Davis leading the polls....look who his opponent is (Bill Simon). Needless to say if Reirden had won the primaries, Davis would be falling fast.