[AccessD] The Polyp Problem

Joseph O'Connell joconnell at indy.rr.com
Thu Jan 20 19:27:21 CST 2005


Mark,

Sorry, can't help with UK law.

Yes it is interesting.  Unfortunately, laws are not always logical.

Joe


-----Original Message-----
From: MarkH <lists at theopg.com>
To: 'Access Developers discussion and problem solving'
<accessd at databaseadvisors.com>
Date: Thursday, January 20, 2005 7:58 PM
Subject: RE: [AccessD] The Polyp Problem


|Joe
|
|Interesting US Law... Do you (or anyone else) know if the same applies
|to development contracts in the UK... I hope so :@)
|
|Cheers
|
|Mark
|
|-----Original Message-----
|From: accessd-bounces at databaseadvisors.com
|[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Joseph
|O'Connell
|Sent: 20 January 2005 18:53
|To: 'Access Developers discussion and problem solving';
|Jim.Hale at fleetpride.com
|Subject: Re: [AccessD] The Polyp Problem
|
|
|Jim,
|
|In the USA, if the contract does not contain specific language
|conferring ownership on the customer, then the contractor retains
|ownership.  There was a land mark case a few years ago where a shoe
|manufacturer in Mass. paid mega bucks for custom software to run its
|business.  Six months later they sued the contractor when they
|discovered that their competitors were using the same software.  The
|judge ruled that since the development contract did not specifically
|grant ownership to the customer, that all the customer received was a
|license to use the software.
|
|Karen's case is different.  She wants to disable the customer's right to
|use the software.  If she does not have a legal right to do so, then she
|has a potential liability for loss of business/profits by the customer.
|Of course, she should not have any further responsibility to continue to
|provide services for which she will not be paid.  This is definitely a
|legal question and a lawyer should be consulted before taking such a
|drastic step.
|
|The discussion of when a client is worth retaining is very relevent to a
|job that I just finished for a service company (not IT).  They wanted
|very detailed analysis of services provided and revenue derived from
|their customers.  After looking at the results they "fired" 1/3 of their
|customers.  They found out that it cost more to provide the service than
|they were receiving in revenue.  Unusualy, but they felt it was
|justified.
|
|Joe O'Connell
|
|-----Original Message-----
|From: Hale, Jim <Jim.Hale at fleetpride.com>
|To: 'Access Developers discussion and problem solving'
|<accessd at databaseadvisors.com>
|Date: Thursday, January 20, 2005 1:21 PM
|Subject: RE: [AccessD] The Polyp Problem
|
|
|<while you do own a program>
|I presume you mean if the contract is silent on this point the
|programmer is presumed to own the code. Are you sure? My recollection is
|last time we had this discussion we concluded that, while this is
|generally true, it is not universally so. Jim Hale
|
|-----Original Message-----
|From: Jim Dettman [mailto:jimdettman at earthlink.net]
|Sent: Thursday, January 20, 2005 10:55 AM
|To: Access Developers discussion and problem solving
|Subject: RE: [AccessD] The Polyp Problem
|
|
|Andy:
|
|  Great advice.  Part of the problem is that while you do own a program,
|you don't own the data.  You can get yourself (so I've been told - I'm
|not a
|lawyer) if you put a time-bomb in the program and don't allow a client
|to access to their data.
|
|  I've never stopped a program working for this reason.  If I had to
|though, I would put in logic so they can't add new data. I've been very
|fortunate over the years and only once have had to resort to the "you
|want work done? then pay me what you owe me".  As you say, they fork
|over pretty quick if they really need it.
|
|  The other thing I've done that helps is that I bill everything by the
|hour.  No flat fees and I invoice every two weeks. That way a lot of
|time doesn't go by between payments and if their is a disagreement about
|something that gets billed, it gets spotted quick as well.
|
|  Karen: Really think if this is a client you want to keep or not.
|Sometimes it's just not worth the hassle.
|
|Jim Dettman
|
|
|-----Original Message-----
|From: accessd-bounces at databaseadvisors.com
|[mailto:accessd-bounces at databaseadvisors.com]On Behalf Of Andy Lacey
|Sent: Thursday, January 20, 2005 10:36 AM
|To: Access Developers discussion and problem solving
|Subject: Re: [AccessD] The Polyp Problem
|
|
|Hi Karen
|The 'bomb' in the system sounds more of a legal question rather than a
|technical one. You ought to get advice on how you'd stand if the system
|stops and their company comes to a stand-still. I know they'd deserve it
|but does the law agree?
|
|In any case they sound like all-too familiar sort of customer. At some
|point you have to decide on what YOU want to do next. Are they a
|customer worth having for the future? I doubt it but if yes, you'll
|probably have to grit your teeth and keep asking nicely for your money.
|If not then you are going to have to stop them doing what they're doing,
|i.e. taking advantage. At some point you just have to say that you are
|doing no more work and no more support until you have been paid. And
|having said it you have to stick to it. The first time they really need
|you, and you won't go, they will suddenly find it perfectly easy to
|raise a cheque. It's not hard. The only time it's actually hard is if
|they have no money - and if that's the case bail out. But assuming you
|do get the August money are there more payments due? If so you then have
|to decide if you're ever likely to get them. If not, ask them for the
|rest of the money up-front, explaining that because of past performance
|you've lost confidence in their willingness/ability to pay. If they say
|no then consider pulling out.
|
|I know it's easy to say, and hard to do, but you have to start saying
|'no'. We all bend over backwards for a new customer, assuming that if we
|treat them right they'll do the same. When they prove otherwise it's
|time to stop your side of that deal. If you do stay with the contract
|then at least stop doing the extras. When they ask for a change quote
|them. If they won't pay they don't get.
|
|This is the downside of being an independent, and it's bloody horrible.
|FWIW we can all empathise. But you just have to get tough with these
|b******s.
|
|--
|Andy Lacey
|http://www.minstersystems.co.uk
|
|
|
|--------- Original Message --------
|From: Access Developers discussion and problem solving
|<accessd at databaseadvisors.com>
|To: accessd at databaseadvisors.com <accessd at databaseadvisors.com>
|Subject: [AccessD] The Polyp Problem
|Date: 20/01/05 13:14
|
|>
|> I know this has been discussed before, but I sort of removed a polyp
|> from my client abuser list last night, as a woman has the right to
|> flip out on deadbeats.  That is the law.  Here is the story.  Client
|> contracts for a job; agrees to pay whatever way - some do in stage I,
|> more in stage II and the rest in stage III.  It is clearly stated that
|
|> changes to the requirements of the system will be discussed and
|> additional invoicing will be required.  Polyp continuously *forgets*
|> to pay invoices as that is not is department, makes wild changes to
|> the system - "Oh, didn't I tell you?  Truck A, B or C can not go
|> on
|streets
|> with a 2 Ton Limit?  You can just program that in, right?"  Or
|emergency
|> call - finger nail bimbo's system won't work and it is the hub.  Your
|> system broke it, we can't function, come over here right now.  Drop
|> everything, run over, and low and behold the cable is unplugged.
|> Three hours out of your day, gee thanks.  Oh, we can't pay you, it has
|
|> been a bad year.  And that $2000 we still owe you from August?  That
|> is coming soon.  Hello, it is snowing!
|>
|> In my warped world, I would like to put code in the program that when
|> a payment is not received, the system stops working.  When the bill is
|
|> paid, the user can have the encrypted password to keep working.
|>
|> Doesn't that sound easy?  One final password when the system is paid
|> in full.  I know a geek could break into it and get around the
|> password, but these people are cheap to begin with if they won't pay
|> and not work continuing working for anyway.  Ideas?
|>
|>
|> --
|> AccessD mailing list
|> AccessD at databaseadvisors.com
|> http://databaseadvisors.com/mailman/listinfo/accessd
|> Website: http://www.databaseadvisors.com
|>
|>
|>
|>
|>
|
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