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- From: mcdonald@aries.scs.uiuc.edu (J. D. McDonald)
- Subject: Re: Why you should get everything in writing (long)
- References: <1993Jan7.192103.16828@netcom.com> <1ii7alINNon4@controversy.math.lsa.umich.edu>
- Message-ID: <mcdonald.26@aries.scs.uiuc.edu>
- Sender: usenet@news.cso.uiuc.edu (Net Noise owner)
- Organization: UIUC SCS
- Date: Fri, 8 Jan 1993 00:10:03 GMT
- Lines: 33
-
- In article <1ii7alINNon4@controversy.math.lsa.umich.edu> spexet@math.lsa.umich.edu (D. Robert Spexet II) writes:
-
- >While your situation is truly an unfortunate one, it only emphasizes the
- >fact that one should take care of the "important" miscellaneous details
- >of a project before committing such a vast amount of resources to it. To
- >be specific, it might have been easier for you in the end to get a
- >*written* promise that the needed source code could and would be deli-
- >vered. This basically helps to CYA in case something goes wrong.
-
- Not really. Even with a written agreement from a company the size of IBM
- you have no assurance of fulfillment. If they don't want to do what they
- contracted, they will simply not do it. What can you do? Sue? Sure,
- but probably the copntract will read in fine print "we don't promise
- to do anything". If indeed it does do that, they will simply reply that
- the person signing the contract was not entitled to do it, and refuse
- to deliver.
-
- If you still sue, they will simply make sure that your lawyer bills
- run several times the value of the suit. (At least larger than triple
- damages.)
-
- You have to be a multi billion dollar company to play with a company the size
- of IBM. I.e. they will deal with GM or Boeing, but not with you
- or me or the University of Illinois. (Note: this applies to the
- other very large computer firms too.) I've been there. Luckily my deal,
- with a computer firm that has since fallen on bad times, was a two-way
- street, so when they reneged on the contract, we (the U of I) reneged
- on the payment, keeping the delivered hardware part of the deal
- without paying. There it died.
-
- Doug McDonald
-
-
-