Re: Software Vendors

Debbie,

In a message dated 11/29/99 12:31:58 PM Eastern Standard Time, 
dpanco43@ix.netcom.com writes:

> I have a question that has been plaguing me.  Say you have a software vendor
> who sells you a package and you have so many days to test the software that 
you
> received.  During your test period you find some problems, bring it to the 
vendor's 
> attention and they get you the fixes.  Now, say that the test period has 
expired 
> and during some further testing, you come across some other problem that 
was 
> obviously resident in the original code. You bring it to your attention, 
but they now
> tell you that if you want the problem fixed, you will have to pay them to 
fix it 
> because time spent now comes under consulting fees which are billable to 
you.
<<snip>>

Short answer number one, "Why do you think Bill Gates is the richest man in 
the world?"

Short answer number two, "Why do you think you spend so much time at the end 
of every month straightening out your IBM bill?"

Short answer number three, "Why do you think I asked David to let me form 
BPCS-L on midrange dot com?"  SSA is doing _much_ better now, but this was 
originally a forum on which to receive _real_ BPCS and AS/Set answers without 
having to prove that you didn't cause the problem in the first place.

Long answer, you're not outdated in your thinking.  To my mind, the problem 
is threefold and here are the answers and inherit problems:

1.  Customers, perhaps softened by Micro$oft, perhaps not, _allow_ this sort 
of behavior to continue in the first place.  Complain, it probably won't 
help, but it just might if the vendor is worthwhile in the first place.  
Refuse to pay, but paying anyhow is often cheaper than litigation, which 
further propagates this behavior by vendors.  Litigate, see the latter.  Buy 
something else -- unfortunately, there is often no alternative.

2.  References weren't checked.  Sometimes not even asked for.  
Unfortunately, given references often aren't using the product as you intend. 
 Some get a kickback for giving a good reference even if they're not using 
the product.  Some just think they'll get some sort of concession from the 
vendor to fix _THEIR_ problems if they give _YOU_ a good reference.  Some 
just wouldn't recognize a problem if it bit them in the butt.

3.  The fine print in the contract wasn't reviewed by an attorney versed in 
software law.  Big companies have a legal department, USE IT if they've 
bothered to hire a software licensing specialist (if they haven't, they 
should).  Small companies can look to industry, BBB, and local chambers of 
commerce for references to such attorneys.  Buying Word, WordPro, or 
WordPerfect when you're the only one that's read that fine print might be OK. 
 Spending $10K or more under the same circumstances is not.

Not all vendors behave as you have described, but far too many do.  I once 
had to argue a bill where I'd called a technician _BACK_ to give him the 
solution to the problem that I had originally _REPORTED_!  I often gripe 
about AS/400 application software being twenty years behind the times, but it 
is at least _solid_ for the most part.  When it isn't, those vendors ought to 
be ostracized -- report it here, report it to "the trades", create an "I Hate 
JunkSoft(tm)" web site, create an informational web site, but do _SOMETHING_. 
 If you let it lie, it's only going to get worse.  _FAR_ too many people with 
no software experience other than rebooting their machine three or more times 
a day see the miracle of software IPO's and think that they can make money in 
this game without a good idea -- invariably, burning the customers is the 
only way to make money on a bad idea...

JMHO,

Dean Asmussen
Enterprise Systems Consulting, Inc.
Fuquay-Varina, NC  USA
E-mail:  DAsmussen@aol.com

"The greatest pleasure in life is doing what others say you cannot do." -- 
Walter Bagehot
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