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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."
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!
when they ban enctryption only criminals wi$21*J *#JF$%!@#$':
first ease
wohooooooooooo
Developers! Developers! Developers!
There is nothing new here. Big companies rip people off. Next thing you know, /. will be posting links to Cnet articles claiming that the sky is up and the ground is down.
seriously, who is surprised that expensive software contracts have loopholes designed to screw the customer? it wasn't considered news when MS started doing it to their customers years ago.
This comment is fully compliant with RFC 527.
(when I think of the Oracle/Cali deal)...
"A fool and his money are soon parted."
Don't sweat the petty things. But do pet the sweaty things.
At least in California, the list of "things to watch for before the contract gets signed" is pretty short:
1) A $25,000 campaign donation to the Governor's re-election fund.
do you want the easy money out of contracts and the secret to avoiding bad contracts?
sign below and I'll tell you.
x__________________________
Jesus saves souls and redeems them for valuable cash prizes
I think we know the secrete here.o !
Developers, developers, developers, developers.
Developers, developers, developers, developers.
Developers, developers, developers, developers.
Wooooooohoooooooooooo!
Woohoooohooo
Steve "dancy party" Ballerm.
Wahoo, time to make a mockery of Steve Balmer.
Developers, Developers, Developers.
I was going to try and post the catchy two minute remix of the balmer video, but here is a nifty one instead. Mpeg here and Real media here.
In college, really poor, need a flatscreen.
Credits: dmg
Yet again the Linux so-called elite, backed up by their pseudo intellectual cohorts of the w3c conspire to ruin Linux's chances in the marketplace by sowing confusion and complexity. As someone with years of experience in the marketing world, I am constantly amazed at the willingness of the W3C and other bodies to pollute the acronym space with their content free "TLAs".
Basic marketing 101 (and an undergrad course in psychology) would tell them that the normal person is only capable of remembering approximately 7 items of data in their short-term memory, but now we have to remember HTTP, HTML, XML, XSL, DTD, PHP, SSL, DSL, ADSL, ISDN, Perl, etc etc etc
This is a text book example of the tail wagging the dog from a marketing perspective.
I have been following the standardisation of the web for many many months now, but one thing has become clear, E-commerce will NEVER become popular so long as there are so many confusing acronyms involved. The guys in charge of marketing Linux absolutely MUST work to reduce the number of acronyms. One possible solution would be to merge those protocols which are not all that different. For example, why not merge XML with SGML ? (they could call it XSGML or SXGML or perhaps XMSGML), they seem to address the same problems. Or would that be too simplistic a solution for their pampered elitist ivy-league minds to comprehend ?
If something is not done URGENTLY, and I mean URGENTLY, Linux (and other more experimental derivatives such as FreeBSD) can never hope to be taken seriously as an e-commerce platform by the people who count - the accountants.
The miracle of Linux is that anyone actually runs it at all, considering one seems to require a masters in computer science to install it! (contrast this with NT4 which was so easy to install, we let our receptionist upgrade her own machine).
As usual my "open source" advice is free. Hopefully this time my valuable advice will be taken into account the next time the w3c smell an acronym brewing.
Finally, in conclusion, as an American, I am saddened that the Internet seems to have been commandeered by a European based protocol. Was America so short of talent we had to buy the HTML protocol from Tom Berners-Lee at CERN ?
Think of the security implications of the worlds strongest economy, running an e-commerce protocol developed by a foreigner from Socialist Europe. Remember the wall has not been down for that long. Who knows what kind of trojans might be lurking within the depths of these complicated protocols.
I am afraid I am behind Al Gore on this point, how can this be necessary in the home of smart corporations such as Microsoft and Intel ? The answer is the vast subsidies given by European socialist governments to fund development of the HTML specification.
The solution is clear. The federal government should mandate and strongly subsidise the use of Microsoft software for all US corporations involved in e-commerce. Only with a US-developed set of protocols can we be assured of the security of our transactions.
- posted by poopbot: because even your grandmother can use lunix
X2U1qgOkne
I have to sign up for a Verisign test server certificate every two weeks. As part of this, I have to agree to a lengthy service agreement displayed in an editable TEXTAREA. Of course, I always delete the contract text before agreeing to it.
When perusing a software contract, beware any clauses containing language similar to this:
Client agrees that all clients database are belong to us. You have no chance to appeal.
This is my favorite console!
Guess what?
When you give your shit away for free, a contract dont mean much!
Well, this is interesting.
I was hired this summer by a large corporation (4,000+ employees and will otherwise go nameless) to do software cost analysis on their mainframe software. They hired me precisely for this reason: to analyze each contract and summarize their software license/maintenance costs for the current year and into the future.
Thankfully, my company has been in business since the 1960's and are pros when it comes to language in the contracts. I mostly do work with mainframes, and I've found a few keys to look for:
1. Hardware upgrades - Many companies will charge additional license fees for upgrades to mainframe CPU's (often in MIPS or MSU ratings)
2. Maintenance - It is important to put some kind of "cap" on maintenance. A typical example: "maintenance shall not exceed the lesser of 15% of current license fee or 10% over the previous year." Also, it must be assumed that fees *WILL* increase the maxiumum allowable charge under the contract.
3. Usage - In a large corporate setting, companies often must pay for the use of software on multiple sites or for use of partially owned, divested, or acquired entities.
As you can see, the charges mount quickly. That's why it's essential only to run the software necessary, and nothing more.
-Bullseye
a customer may buy version 2.0...then the vender says they're moving to version 3.0 and won't support 2.0 in the next 6 months"
like that Win2k news last week?
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
Businesses will try to screw others out of dollars most effective ways. Given that horizon for most software companies life expectancy is around 1-2 years(IMHO) the faster you collect money in the beginning of life cycle, the more likely you are going to survive later, nevermind those pesky customers. You can tell them damn lies, lies and more lies, but if your bank is empty, you have no business.
2c.
Nope, no sig
Since it was a government contract, the money belonged to the taxpayers of California... Am I to intrepret your post as a knock on Californians ?
: ) Good Job !
(j/k)
Im not here now... Im out KILLING pepperoni
"We comb through each word of every contract to make sure that the definitions that we think we agree to are the ones that are written into the document. It is worth the extra time and money to avoid getting jewed by the other party." said Stephen Weinberg, CTO of Dimension Securities.
I realize that the man is probably Jewish, and that he works in an industry that this type of language is the norm, but holy cow, does CNet have to print it?
It's bad enough that such epithets exist and are used, but does the man have to slander his own race by using the term? It's like black people who have struggled to gain acceptance in society and transcend racial stereotypes calling each other 'nigger'. It's sad.
Maybe it's just the paternalistic white man in me that's struck by how backwards the use of these terms is. Maybe my sensibilities are too high. In any case, I guess the only thing I can do is avoid using these words altogether.
The only point of a software contract tends to be to put the balance of power in the vendor's, not the customers, favor. How often does a vendor include guaranteed reliability, and free from bugs, with free updates? Compare that with EULA agreements that preclude them from taking any responsibility for the problems that their software may have. I'll admit that software is new and does not have completely solid fundementals, but be able to claim that they have no responsibility to their customer also means that they have no respect for them either.
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.
Wendy had began to live a much more fun life since her mother had gotten re-married. Now she was allowed to stay home from school much more often and stay up later. Also her Aunty Jamie came over much more, she was a gorgeous women just a year older then her mom, with brown hair and small but perky breast, that always called Wendy by different names. She received a much larger allowance then she used to get as well, because her new dad was rich to boot.
Along with these changes also came more sexual changes. One example was her mom and dad bought her a see through blue robe to wear around the house and she was often encouraged to where it with out her bra and panties. Also her new dad touched her a lot more then her old dad used to and in more exciting places. Often he would rub her pretty breasts and pat her round pale ass.
"Your pubic hair is coming in nicely," he'd say and rub it. She had to admit that her little patch had come in nicely, it was only a little redder then her short red hair. Mary liked the attention and her mom said she was glad they got along so well. Indeed her mom, Jena, had changed a lot since marrying Richard, she was a beautiful women and still rather young, indeed she had Wendy when she was only fourteen, now she seemed to like to flaunt this fact, she wore tighter clothing, some times no at all around the house. She was tall and had blonde hair, the only one in her family, with large and firm tits.
Another new thing was that she got to watch porno videos, and she got to watch Richard and her mom have sex. She was also aloud to play with herself were ever she wanted, and often did at the diner table. She loved rubbing her clit, once her daddy showed her were it was, but she never put more then one finger in herself, and never deep because it hurt, even though she saw her mom take five fingers all the way, and plus Richard's large shaft.
Mary was told that this was because of her cherry and that it would have to be popped before she could really have sex. Often Mary wished that some one would pop it for her so she could start doing what she saw them do. Jena said that this was done by some one putting there dick in her little cunny, as they called it.
Wendy immediately wished Richard could do it, but that was the one thing she couldn't do. Were as Richard touched her all the time her mom got mad if he got his dick involved. Wendy felt it wasn't fair to her that her mom could put it in her mouth and her cunny, and she wasn't even allowed to jack it off.
Today Richard had let her touch it but then her mom came in as she almost got it in her mouth and Jena pulled her off and spanked her bare ass. However to make her feel better she was allowed to watch as her mom sucked on it and Richard blow his load all over her face. Then they went in the bed room and locked the door leaving Wendy to rub her clit and watch porno.
This was another strange subject in Wendy's house, the bed room door locking. Wendy was dieing to know what they did in there. Often Aunty Jamie would come over and join them. Wendy first thought they had sex in there, when it was her old dad, but now she was allowed to watch Richard and her mom, and Richard and her Aunty Jamie have sex, so she had no idea what they were hiding.
She sat there puzzling this out and watching a porno were some dump blonde bimbo was having cum sprayed on her face and rubbing her wet clit fiercely. She was having trouble getting in the mood for an orgasm when her Aunty Jena walked in. "Oh hi Aunty," She said still fiercely pressing her little button.
"Hi Sweety," Jena said in a throaty feminine voice, Wendy loved her voice," Where're your parents, Love?" But before Wendy could answer Jena let out a hi pitched scream of pleasure. Jamie sat down on the sofa then. "Well they're in there again," She said to herself.
She raised up her skirt to display a beautiful pussy, with a tuft of ginger hair. "Do you mind if I join you?" She asked the still masturbating thirteen year old.
"No problem," Wendy replied and the added. "Do you want something to drink?" She stopped working her clit and went to get up.
"Oh don't worry about me, go ahead and get off first." Jamie had three fingers working her pussy and was already very wet.
"It's okay," Wendy said down heartedly.
"Well what ever is the matter, Wendy dear," Jamie she patted the sofa and said, "lay down and tell Aunty Jena all about it,"
The naked thirteen year old slid next to her Aunty Jamie and snuggled her head against her shoulder. Jamie still rubbed her own clit but much slower so she could pay attention to he depressed niece.
"Well its just that I want to now what you all do in there, and why I can't join in," She was about to tear up. "I can't get my little cunny going I'm thinking about it so hard."
"Today is your lucky day then, Sweet thing, cause i came over hear to talk to your mother about just that. Also i happened to bring something that will help you cum really good." Jamie hoped up and lead Wendy to the high marble bar that divided the kitchen from the living room. She lifted the slender teen up on the bar and Wendy winched as the cold surface touched her bottom. She watched as Jamie pulled a hot pink rod from her purse.
"What's that?" Wendy asked excited, she hadn't cum for hours and she was a little on edge.
"This, Sugarpussy, is a vibrator." She twisted the black end and the thing started vibrating as the name implied. "Open your legs, Hornyangel, and let me see your little cunt." Wendy did. "Now spear your little lips open and get your clit sticking out."
Wendy spread he lips with one hand and then with the other got her clit standing in seconds. Then her Aunty Jamie pressed the vibrator right against her hard little nub. Wendy gasped and had to put her hands behind her to hold herself up. She started moaning then. Her pussy was sending an electrical charge through her body and she was almost ready to cum. "More aunty, more please."
"Any thing you want Honeycunt," and Jamie pressed it harder to her to her pussy. She moved it up and down the little slit and around her puffy little lips the back on her clit. After a moment Wendy shivered and her pussy flooded sweet little girl nectar and quivered. She had a mind blowing orgasm.
After a second she hugged her aunt and was helped down. A lot of her cum was on the counter top now. "You run and take a shower, now and I'll clean all this up," Jamie swatted her round ass as she left. Jamie then licked up the sweet cum and salty sweat.
She had just finished up as Jena and Richard came from their bedroom naked. "Jamie what a surprise," Jena said, as she walked up and kissed her. "I thought you wouldn't be by today."
Jamie looked at her naked sister and stroked down her breast. "What and miss the first day of little Wendy's summer break. She's showering by the way." Then she grabbed Richards cock and jerked it a bit. "I see your happy to see me as well,"
"Richard is on his way out to get some ice-cream and some more batteries, his in some trouble." Jamie kissed him and her pussy on his cock before he went to get dressed.
As he left, sat chatting in the kitchen. "So what did he do, to earn your scorn, Love?" Jamie had removed her blouse and sat as nude as her sister.
"He almost had Wendy giving him head, I got so made I spanked her," Jena sounded like she felt guilty and Jamie stood up and began rubbing her shoulders.
"Can you blame him, Jena. He has as much right to fuck that girl as he has to fuck you. We should have done it her after your wedding night, but you wanted to wait and i understand." Jamie slid onto Jena's lap and kissed her as she stroked her nibble. "She hadn't been round as much sex as we had when mom and dad first fucked us. But now she has and its time to carry on the family tradition, to bad Oscar freaked out when you told him about the tradition," Jamie sighed "It really should be her father that pops her cherry, but oh well,"
Jena stroked her sisters wet cunt as she spoke, "I know its a tradition, but I didn't like it at first when i got fucked. What if she doesn't and freaks out,"
"Trust me, Sis, that little twat, isn't going to freak, she wants it so bad. In fact if we don't do this soon then she might pop her own cherry and we wouldn't want that, would we?" She twisted her finger on Jena's light pink nipple.
"No," Jamie said in a small voice, she was putty to her big sister.
"And you learned to like the why dad's cock filled you up didn't you?"
"Yes"
"You know Richard wants it, you know I want it you know Wendy wants it, and you really know," she gave her sisters nipple a mean twist "that you want it," Jamie ground he body against her naked sisters equally naked body, for a moment then got off her.
Just then Wendy came in the room. She sat down, probed her feet up on the table and started to rub cunt with a spoon. "Goodness, love are you horny again," Jamie asked. "Jena love she fingers her pussy almost more then you do. She'll set a record soon."
"Aunty Jamie," Wendy asked as she spoon the cum ladder spoon her mouth, "May i please use your vibrator again," she saw her mom winch as she asked.
"Of course, Littleslut, but bring it in here so I can make sure you do it right." as she ran to get it Jamie said to her sister, "Don't worry i just buzzed her clit a little, nothing more." the last seemed to annoy her and Jena didn't miss that.
"Fine, well do it when Richard gets back," Jena said. She was troubled about fucking her daughter but she was also turned on.
"Do what mom?" Wendy asked as she came in the room.
"To night Aunty Jamie, daddy and i are going to let you in the bed room, with the door locked, how does that sound." Jena bent down to look her daughter in the eyes, she seemed really excited. Jena knew she would have fun, and hoped that she wouldn't be to disappointed. Really they only used the bed room when they were having anal sex, or Jamie and Jena had girl sex with each other. Tonight however she would be licking her daughters pussy and ass instead of her sisters, and her husband would be opening the little girls cunt and anus. Jena listened to her daughter buzz her clit and watched as Jamie stared in plain lust.
Jena remember her first time being invited into her parents bedroom. She had been around Wendy's age and had been allowed pornos as well, and run naked and finger herself, but it had still caught her by surprise. Her mom and her sister had to hold her legs open so her father could get a clear should. She begged and cried a lot but and screamed as her fathers dick slammed into her virgin pussy. After a time her shot a load deep in to his daughter and then said "That wasn't so bad was it," Then Jamie and her mother turned her over and she liked her moms pussy, as Jamie licked her ass. Then the time came and she felt the cock replace her big sisters tongue and that virginity was taken next.
She looked back fondly now but then she had cried for a week until after many nights of forced sex she began to look forward to it. Jena was glad they did what they did to her now because she felt opened to the world of sex. She had lots of boy and girl partners after that at least until she got pregnant.
While she would teach there daughter about condoms, and they did touch her more so this wouldn't be as surprising. Actually Jena couldn't think of a single reason why she wanted to deny her daughter that world of sexual gratification.
Richard came home and Jena snapped out of her memories, as Wendy ran up and jumped in his arms, she was small for her age. "Guess what Daddy, Mom said i get to go to the bedroom with you and her and Aunty Jamie tonight."
He looked to his wife and asked "Really Dear."
"Yep, lead the way." Jena fallowed him and her sister to the bed room.
Richard tossed the girl on the big bed and started stripping. He uncovered his eight inch cock and Jamie came up behind him and started stroking him. Wendy watched and was beginning to fill a little let down. "Is this it? I can see Jamie and Richard fuck any time i want,"
Jamie looked at her daughter and touched her pussy for the first time since her patch came in. Wendy jumped as her mom's finger touched her clit and began to work with it. "Mom," She moaned "What are you doing?"
"When we're in her it's Jena, Richard is called Daddy." She pinched her clit and as punishment. "After tonight well be doing a lot more things, Daddy, Jamie and can fuck you from now on, okay and you can't say no. It's are right," She told Wendy what her mother had told her.
Wendy was amazed, "I get to fuck Daddy?" she was amazed, "That's great, but how do I fuck you and Aunty Jamie, you're girls."
"Like this Wendy," she pushed a finger into her daughter, careful not to be to rough, her cherry was Richard's to take. She went down on her own daughter. She licker the aroused thirteen year olds cunt and sucked hard on her little clitoris. She liked around the lips and then shoved her tongue in the hole. This tasted great, she wished she had eating Wendy years ago. Well at least tonight she would fix all that and from now on her daughters pussy would be her delight every night.
"Your making me cum Jena, don't stop don't stop Mom," Wendy was nearing climax and slipped, and Jamie slapped her face.
"It's Jena tonight, Hornyslut." then she kissed her, this time with her tongue. It was a deep and lusty kiss.
"Well you eat my pussy next Aunty Jamie? and call me a slut more it gets me so hot." she asked in a small voice.
"Of course My little Sluttytwat," Jamie began kissing her nieces neck and then her tits. She wanted to kiss these little girl tits forever. She rolled tem between her teeth and then and Wendy moaned more.
Suddenly she arched her back as Jena shove her tongue in her little girl's anus. Wendy hadn't expected that, in fact she only played with her pussy, but not from now on. Her mom returned to tonguing her clit and slid a finger in Wendy's asshole instead. That was more then Wendy couldn't take any more and her little virgin cunt exploded. Her sweet virgin girl juice flowed down her pussy on to her ass.
"My turn," Richard said. He couldn't wait to get his cock into his underage step daughters tight cunt. "Talk dirty to me Sweetheart, tell Daddy how much you want his Cock,"
Wendy had done this before earlier today just before she almost sucked him off. "Oh yes Daddy I want you thick cock in my tight cunt hole, your little girl needs your cum in her pussy, please," there was no faking in her words.
Jena and Jamie spread Wends legs wide for Richard. He was ready, from now on his cock would be buried into her all the time. Her virgin cunt first then her tight butt hole, he wanted to fuck her all the time.
He pressed his dick against her tight wet, pink slit as her aunt and her mother sucked her thirteen year old tities. He slammed it in and Wendy screamed in pain as her pussy was opened by her daddy's cock, her first cock. Jamie and Jena held down her shoulders as she fought and then hr pain became pleasure and her pussy was lighting up her body.
"Make me cum again Daddy. Fuck my tight cunny, fuck my pussy Daddy, I need it. Your little girl needs your cum in her pussy," her dirty words and his pounding cock put her at her second orgasm in a minute. Richard tensed and the blow a deep hot load of cum into his thirteen year old daughters previously virgin cunt.
There wasn't a pause for Wendy as her aunt Jamie dove between her legs and started liking the now open cunt. She tasted male sperm, little girls cum and fresh maidens blood. "Wait Aunty Jamie, I can take another one," Wendy pleaded.
"To bad," Jamie moaned as she nibbled the hyper-sensitive little clit. Wendy was painfully arouse Jena put her pussy to Wendy's mouth, "Go ahead dear eat you mommy's cunt," Jena said. Richard slapped her for the slip up, Wendy though it was fair and then tasted her first pussy.
She liked the hole a lot tasting her mothers cum as she had been tasted. Then she licked the swollen lips and sucked the clit as had been sucked. "Your a good girl, Wendy, your a good little slut. Your my good little slut." Wendy got a naughty idea and shoved two fingers in Jena's ass. Wendy wanted to lick it next.
Wendy was on the having a wave of orgasms and she didn't think her pussy could take any more a her as Aunty Jamie touch her clit between her teeth and tormented it with her tongue. Since turning eight teen Jamie had licked only one other underage hole, her neighbor girl had spent the night and she helped the girl deal with her lesbian feeling. She was loving the mix of flavors she found in Wendy's cunt.
Jena screamed and her pussy gushed all over her daughters sweet face. That marked Wendy's hardest cum yet and Jamie's satisfied tongue. Wendy was in a post orgasm haze as her aunt and mom rolled he on her stomach. Her face was placed between her Aunty Jamie's legs and she started to tongue her hole. Jamie pressed the girls face to her cunt burying her nose in the folds. Wendy now love the smell of an aroused women, and she liked at her aunty's cunt as Jamie stroked her hair and looked at her lovingly.
Her mother now spread her ass cheeks and started to rub the stray girl cum around the tight asshole. Wendy like the way her ass was treated. Jena said "Hold tight, Baby, this will hurt but the it well feel so good."
Suddenly Richards large cock plunged in to the virgin underage anus, of his daughter. Jamie screamed as Wendy bite down on her vulva. Richard ripped his little girls anus but he keep pounding away the pain was like a hot rod in Wendy's tight hole. But it turned to pleasure and she unclenched her teeth on her Aunt's vulva. She licked and tasted blood from her aunts cunt. Soon though Jamie was beyond pain as the little girl eagerly licked her sore pussy to a strong climax. For the second time Richard filled the little girl with cum, this time in and on her ass. Every one collapsed from exhaustion. Richard didn't even bother to pull out of his daughters anus.
Hours later they sat in the living room. Wendy was on her knees with Richard's cock in her mouth. Her face was covered in her mom and aunts cum and Richard just added to it as he shot hot cum on his little girls face. It made her pretty thirteen year old face even prettier.
"Thank you Daddy," she said as she moved to lick her mothers pussy.
The article states that a perpetual software license means that you can use it for the life of the product provided that you continue to pay the contract fees.
As I understand things, a perpetual license really means that once the software is licensed in a particular way, you can go on using it as long as you want. You will run out of support for it after your contract term is up, but you can still make use of the software.
I have run across this type of license often. It is tied to a hardware component, dongle, or (rarely) a particular site. I have fixed many an older machine just for the use of the software licenses attached to it. The contracts clearly stated the word 'perpetual' when defining the license.
In many cases, a physical device is used in combination with FlexLM to provide the license functionality. If you do fail to pay your fees and want to move the license, many companies will either require you to purchase a new license (at the current version) or pay all back fees to get a new license key for the version that was in use.
Anyone else think this definition is bogus, or was I misunderstanding what I was seeing?
This type of experience was one of the primary motivators for me to begin exploring OSS for my computing needs.
If you can learn to compile and use Open Source software, then you are set for life.
Blogging because I can...
It's all well and good to bitch at contracts that favour vendors but wait until you've left the cosy world of employment and created a startup. I was a lawyer for years working for startup companies and getting beat up in long negotiations with big players who understood nothing other than the fact they were big. All these "musts" for customers ignore the economic balance that must be worked out in every end user/supplier relationship depending on the cost of the software, the size of the startup, etc. A startup can be destroyed and I'm talking about companies that make millions per year.
I'd love to see the article written from the other perspective, for instance end users who never end up paying for their software because they refuse to complete acceptance testing though they continue to use the software. There's one you need a lawyer to avoid. The concept of repaying the whole value of the software for maintenance issues is crazy. If need be, you use a service level agreement that sets out reasonable goals and at maximum, proportional rebates on maintenance and support fees paid for the period of time the problem occurs.
And the concept that maintenance and support should continue on forever has sunk many a poor company, tying up valuable resources when they should be working on the next product.
Hee Hee!! That made me laugh out loud!
"Hereforth we, the company, will send to the customer 12 beautiful virginal massage therapists, daily, along with as much pizza and beer as required by the customer..."
for just having read about the possible licensing issues?
Of course, I always delete the contract text before agreeing to it.
An alternative with possibly interesting legal implications, paste the GPL (or any alternative licence/contract) into the testarea and submit.
Since there are apparently no server side validation, it could be readily argued that they have accepted your change of terms.
I wonder what the legal implications of this would be ?
there are many more open source licences.
And things get more complicated if some software is dual licenced or use an license that is incompatible wit other licences.
And this kind of thing might me important if you do support on some product.
If it was this simple why do people start flame fests here all the time over GPL and other licences.
I am starting to see this more and more. The process for implementing a business application seems to be:
I have recently seen the model for one organisation where the technical solution is located WELL below the Leadership and other management and workflow processes.They actually implemented a solution to . . . here it comes . . meet their actual needs.
Why is it so hard to get management to see the benefits of proper process in implementing a proper solution?
The weathers here - Wish you were beautiful
Having recently read "The Cathedral and the Bazaar", I must note that all of these problems pointed out in the article are the same problems ESR noted about closed-source solutions in his essays.
1) How does one price software, since it can be easily copied? You can't, because its not a logical pricing scheme.
2) Support is a big portion of the contract, which is where open source vendors cash in.
3) Customers complain about upgrade schedules and how they set up to use version 2, then are forced to use version 3 and readapt. The customers are at Oracle's mercy!
I think this reporter should read ESR's work, and this would all make sense.
(I also remenber seeing it posted once on Slashdot by AC)
The article has a link to new microsft contracting scheme. http://news.com.com/2100-1001-919097.html Microsoft seems to be quite an arrogant vendor, in the long run could help some of the other guys gain some market share.
Hello Cruel World