To my non-US readers…
In the course of my career, I’ve only really done a handfull of deals where the vendor was based outside the US. In those situations, the vendor was generally willing to use language that I was offering. But I know that this isn’t always the case.
I have been watching my analytics pretty closely [...]
Two-Top Tuesday
Thanks to Apple’s press release yesterday regarding iPhone unlocking tools and the iPhone’s warranty and license agreements, you get a special second-post (I’m also still feeling guilty about last week).
“CUPERTINO, Calif., Sept. 24 /PRNewswire-FirstCall/ — Apple has discovered that many of the unauthorized iPhone unlocking programs available on the Internet cause irreparable damage to the [...]
May the Force be with you
While sometimes found in a license agreement, force majeure language is usually only appropriate for the provision of services or maintenance, as a force majeure event is considered to be delay caused as a result of something outside the control of either party. This would not usually impact a license itself, as delay of [...]
About last night
Oops. A week slipped by and I hardly noticed. I’ve been totally engrossed with installing a new contract management system. I forgot the billions of decisions that have to be made… and forgot how hard it was to make changes after you started entering data.
But the benefits significantly outweigh the negatives. [...]
Copyright, the iPhone and You
The new iPods were released on Wednesday, along with a drop in the price of the iPhone - and Steve Jobs then announced a little tweak to allow an individual to “buy” a song solely for the creation of a custom ringtone. He was excited that you’d pay $.99 for the song and then [...]
Source Code Escrow Demystified
When purchasing a million dollar software product with a quarter-million dollar implementation and 18% annual maintenance fee, it’s probably reasonable to guess that the buyer expects to keep the product around for a little while. The fear is that the vendor, however well intentioned, won’t be able to survive in this interesting world of [...]
Thanks for your Votes!
I just received notice that I’ve been selected to be one of five finalists in the “Software Idol” competition at the Business of Software Conference next month in San Jose!
I didn’t realize that the competition was anything more than getting to speak at the conference, but thanks to your votes, I’m among the five finalists. [...]








