[AccessD] Time for More Legal Discussion - Oh Boy

Nicholson, Karen cyx5 at cdc.gov
Tue Jan 25 13:08:28 CST 2005


Oh it was just me, the problem causer.  There really isn't a legal problem, just an overzealous little MBA holder who decided to take a system developed for 3-10 users or so and roll it out nationwide over T1 lines without splitting the databases up.  And an attorney on retainer who doesn't know what she is talking about.  Bring em on....

-----Original Message-----
From: accessd-bounces at databaseadvisors.com [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Christopher Hawkins
Sent: Tuesday, January 25, 2005 2:02 PM
To: accessd at databaseadvisors.com
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


I'm sure MS Access CAN handle 255 concurrent connections.  But I'm equally certain that those connections can't be a) all to the same table, b) pulling back very much data, or c) held over a WAN.

The problem is that MS blithely throws out that 255 concurrent connections figure without providing any context.  And now there's a legal battle brewing.

Forgive me for losing track of the thread, but which of us is having this legal problem?  I can't find the original message.

-Christopher-

----------------------------------------
 From: "John Bartow" <john at winhaven.net>
Sent: Monday, January 24, 2005 12:33 PM
To: "'Access Developers discussion and problem solving'" <accessd at databaseadvisors.com>
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy 

No, M$ tested it with little bird poopey uses connected concurrently and
they could only get up to 127 users. They used flea poopey to get 255.
:o)

John B. 

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Nicholson, Karen
Sent: Monday, January 24, 2005 12:26 PM
To: Access Developers discussion and problem solving
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy

Yeah, but the guy paid over $10,000 for the system. He wants that back.
What can you do when Microsoft claims that Access can handle 255 concurrent
database connections at one time? We all know that is just bird-poopey.

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Brett Barabash
Sent: Monday, January 24, 2005 1:13 PM
To: Access Developers discussion and problem solving
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy

Karen,
First of all, if the total loss is $3000, this is clearly a small claims
court issue. A civil court won't hear a case under $5K, and it wouldn't be
worth it for the client to pay a lawyer to recover such a small amount. Of
course, explaining dumbing down the evidence for a small claims court is no
small task.

Secondly, there is the legal concept of mitigation of loss. The client will
be burdened with the task of proving that they didn't know about the bug six
months ago. If it can be proven that they did know about it and said
nothing, the actual amount of damage will be greatly reduced.

And finally, if this can be proven to be a Microsoft technology issue
(security flaw, data corruption bug, etc.), and it is documented
(knowledgebase, 3rd party journals, etc.), it should be easy for the
developer to prove that they were not at fault. I have gone down this exact
road with a MS solution provider for way more than $3000. After we reviewed
the facts, it was clear to us that the problem was with the product, not the
consultant. So sue Bill instead (oh, and good luck with all that!).

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Nicholson, Karen
Sent: Monday, January 24, 2005 11:13 AM
To: accessd at databaseadvisors.com
Subject: [AccessD] Time for More Legal Discussion - Oh Boy

What happens when a program is written for a customer using Microsoft
Technology, and the Microsoft Technology is bad - its data, its logic.
It has cost this one client, he claims, $3000 in lost revenue and he wants
the payment for the system refunded plus damages. The user never notified
said programmer that there was a problem even though they have been using it
for a good six months.

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