[AccessD] Time for More Legal Discussion - Oh Boy

Charlotte Foust cfoust at infostatsystems.com
Tue Jan 25 10:55:10 CST 2005


You must be thinking of another list! ;->

Charlotte Foust


-----Original Message-----
From: Nicholson, Karen [mailto:cyx5 at cdc.gov] 
Sent: Tuesday, January 25, 2005 3:26 AM
To: Access Developers discussion and problem solving
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


An escort?  I thought all of us rich programmers had Hummers and
Beemers.

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of John W. Colby
Sent: Monday, January 24, 2005 3:20 PM
To: 'Access Developers discussion and problem solving'
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


It is only your problem if you claimed it was possible.  I tried to
drive my Escort to the moon.  It is definitely NOT Ford's fault I failed
to get there.

At some point you have to say "look, that doesn't work - and I never
claimed it did."

John W. Colby
www.ColbyConsulting.com 

Contribute your unused CPU cycles to a good cause:
http://folding.stanford.edu/

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Charlotte
Foust
Sent: Monday, January 24, 2005 3:05 PM
To: Access Developers discussion and problem solving
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


Concurrent connections isn't *necessarily* the problem.  We have a
client who insists on trying to run our app over a WAN where it can take
an hour to load a report!  That isn't a concurrency problem in our app,
it's a bandwidth problem in their WAN.  It's still "our" problem.

Charlotte Foust


-----Original Message-----
From: John W. Colby [mailto:jwcolby at colbyconsulting.com] 
Sent: Monday, January 24, 2005 10:45 AM
To: 'Access Developers discussion and problem solving'
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


Concurrent connections is not the problem.  I have a database running
just fine with about 45 connections (bound forms no less).

John W. Colby
www.ColbyConsulting.com 

Contribute your unused CPU cycles to a good cause:
http://folding.stanford.edu/

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Nicholson,
Karen
Sent: Monday, January 24, 2005 1:26 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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