Nicholson, Karen
cyx5 at cdc.gov
Mon Jan 24 12:25:58 CST 2005
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. ------------------------------------------------------------------------ -------------------------------------------- The information in this email may contain confidential information that is legally privileged. The inform recipient(s) named above. If you are not the intended recipient(s), you are hereby notified that any disclosure, copying, distribution, or the taking of any action in regard to the content of this email is strictly prohibited. If transmission is incorrect, unclear, or incomplete, please notify the sender immediately. The authorized recipient(s) of this information is/are prohibited from disclosing this information to any other party and is/are required to destroy the information after its stated need has been fulfilled. Any views expressed in this message are those of the individual sender, except where the sender specifies and with authority, states them to be the views of Tappe Construction Co. This footer also confirms that this email message has been scanned for the presence of computer viruses.Scanning of this message and addition of this footer is performed by SurfControl E-mail Filter software in conjunction with virus detection software. -- AccessD mailing list AccessD at databaseadvisors.com http://databaseadvisors.com/mailman/listinfo/accessd Website: http://www.databaseadvisors.com