Malware Licensing

Wow. More here.  And here.  And here (from the original Symantec Alert).  (For those who don’t want to click the links, a malware author inserted a EULA into their virus code.)

First, let’s be clear.  Even though the software could be used for malicious purposes, this doesn’t affect the ability to license it.  Copyright protection doesn’t [...]

Limitation of Liability

A contract is an allocation of risk and liability limits are a huge bone of contention.
Vendors want to limit their liability to very specific types of damages:  1.  They want to only be responsible for direct damages; and, 2. They only want to be liable up to a capped dollar amount.  Generally speaking, this is [...]

I need a Flex/Air developer… anyone have a recommendation?

I’m working on the next generation of risk management tools and I need a software developer familiar with Adobe Flex/Air.  I am hoping one of the multiple thousands of people who read this might know someone who can help.
If you can think of anyone, please ask them to contact me.
Thanks!

addthis_url [...]

Ahhh… and it comes full circle.

Well… while I do love to be right, I like it more when I can fit things into nice neat little boxes.  The Microsoft/Yahoo skirmish is playing out well for me in this way as we circle back around to a failure on the part of Microsoft to perform proper Information Gathering from the Five [...]

Lines in the sand

I can’t remember the comedian who was discussing a war-torn area in the world and talking about the dictator who scratched a line in the sand and said “cross this line, and you’re dead.” When the opposition advanced forward over the line, the dictator repeated their behavior after taking a few steps backward. [...]

More on Letters of Intent

A few months ago, I discussed the reasons why I wasn’t in favor of letters of intent.  They’re simply poorly written contracts - and in most cases, they’re going to not cover the issue that causes a dispute over the relationship.
Consider the case of Alfred West vs IDT.  I trust that you can read the [...]

Microsoft trying to convert you from perpetual to SaaS

Well, as I predicted years before I started writing this blog, Microsoft is now trying to convert the average home user from a perpetual software license model to “software as a service” (Saas).
My knee-jerk reaction is that this isn’t going to be good for the average (any) user - business or consumer.  But let’s play [...]

CIOForum - the best IT conference I’ve been to in a long time!

This past week, I was aboard the Norwegian Dawn for the CIOForum.  I admit that I was a bit skeptical about getting to go on a four-day cruise for free (even if I was presenting… but the attendees get to go for free, too)!  The “catch” is that IT vendors have to pay a significant [...]

CIO Forum this week

This Tuesday through Friday, I’ll be onboard the Norwegian Dawn for the 2008 CIO Forum. I’m participating on a 2-person panel talking about strategies for receiving more value from your IT-related purchases. We’re going to cover the Five Fundamental Skills for Effective Negotiation and you’ll even get a free copy of the Software [...]

MicroISVs, Contracts and Negotiation

Our first Skribit request asks to explore MicroISVs and how they maneuver through the unique challenges specific to being a MicroISV. Let’s start with a definition of MicroISV. The “term was coined by Eric Sink in late 2004 to mean software “companies made up of exactly one person”. Revenue is not a [...]

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