Re: OT: Software Licensing Fees

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Author: James Dugger
Date:  
To: Main PLUG discussion list
Subject: Re: OT: Software Licensing Fees
I agree with most of the comments here. However regarding contracts, I
won't tell you not to check with an attorney however that can get really
expensive for $15 /hr.worth of programing work. If you have a written
contract with the business and it does not a have any recitals in it that
require you to pay THEIR attorney fees for any disputes (that they win)
then it will also cost them as much or more to take you to court and with
the chance that they do not win. In this case you would have as much or
more leverage in the contract as them.

As a senior manager I have seen a lot of contracts and NO contract even if
it is written can force unfair business practices on another entity. Even
if your contract stated that you "must maintain the software forever" this
would not meet any legal nexus today.

I say agree to maintain the software only and as others have stated
maximize/automate your maintenance to get your dollars/hr back to where you
are comfortable with the time spent. Any new features aught to be
re-negotiated based on a cost/benefit analysis to them that is inline with
your rates and expenses.

If you are doing a lot of this work (for others) it may make sense to form
and LLC and move your work under this protection. I would talk to an
attorney about forming an LLC and moving my work into it.


--
James
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