[AccessD] Time for More Legal Discussion - Oh Boy

William Hindman dejpolsys at hotmail.com
Wed Jan 26 00:26:24 CST 2005


..time to Colbyize JC!

William Hindman


----- Original Message ----- 
From: <DWUTKA at marlow.com>
To: <accessd at databaseadvisors.com>
Sent: Tuesday, January 25, 2005 4:29 PM
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


> Hey, keep those blows above board Mister!
>
> Otherwise I might let out that you were integral in the Help file 
> 'upgrades'
> that came with Access 2k and up....oooops...did I just say that?
>
> Drew
>
> -----Original Message-----
> From: John W. Colby [mailto:jwcolby at colbyconsulting.com]
> Sent: Tuesday, January 25, 2005 1:35 PM
> To: 'Access Developers discussion and problem solving'
> Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy
>
>
> LOL, yea, you gotta watch Drew.  He writes specs for MS in his spare time.
> ;-)
>
> 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: Tuesday, January 25, 2005 2:05 PM
> To: Access Developers discussion and problem solving
> Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy
>
>
> So now the REAL truth comes out, trickling like an icicle melting in the
> sun.  Smart a*!
>
> -----Original Message-----
> From: accessd-bounces at databaseadvisors.com
> [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of 
> DWUTKA at marlow.com
> Sent: Tuesday, January 25, 2005 1:13 PM
> To: accessd at databaseadvisors.com
> Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy
>
>
> Very true!
>
> Admittedly, my application has a VB front end, so it only connects when
> necessary.  We have about 120+ machines using it.....
>
> Drew
>
> -----Original Message-----
> From: John Bartow [mailto:john at winhaven.net]
> Sent: Tuesday, January 25, 2005 11:58 AM
> To: 'Access Developers discussion and problem solving'
> Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy
>
>
> Drew,
> I support a number of Access programs that I haven't written and I can
> assure yoou that many of these are lucky to get through ONE concurrent 
> user!
>
> :o)
>
> There is a lot of Access based junk out there and a lot of nimrods who 
> think
> they know what they're doing with it.
>
> John B.
>
>
>
>
> -----Original Message-----
> From: accessd-bounces at databaseadvisors.com
> [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of 
> DWUTKA at marlow.com
> Sent: Monday, January 24, 2005 2:16 PM
> To: accessd at databaseadvisors.com
> Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy
>
> Hey, I've had over 100 concurrent users, and didn't have a glitch!
>
> Drew
>
> -----Original Message-----
> From: John Bartow [mailto:john at winhaven.net]
> Sent: Monday, January 24, 2005 1:23 PM
> To: 'Access Developers discussion and problem solving'
> 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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