Re: LX Source Code Non-inclusion

Yet another post from yet a different person who wants to remain
anonymous:

We've had the same experience with INFOR on this genre of subject and our
company views this whole direction as predatory and foolish. What would
happen if Microsoft decided that only employees of licensed Excel users or
Microsoft-certified engineers could work on macros? Ridiculous. Other
companies in our network have parallel feelings. Net learning:

a. The push-back strategy suggested in an earlier post works. Initial
quotes
from INFOR tend to go down by >75%, especially once they get a call from
legal counsel.

b. INFOR doesn't want any of their business practice tested in court so as
to
establish a legal precedent. So, if you advise them that is where some
facet
of a situation may be headed, they get instantaneously more reasonable. A
court would sustain your operations instead of granting an injunction
forcing
you to stop BPCS/ERP LX usage (business continuity grounds).

c. Some BPCS/ERP LX licensees have (full-time or extensive-time)
contractors
supporting the product instead of employees .... and this has gone on for
many years and there is an enormous accumulation of business process savvy
that would be lost if that association had to be terminated. That(those)
contractors usually work in virtual offices off-site. No attorney at INFOR
has been able to draw an indelible line that effectively separates
professional service employees from professional service contractors that
spend a high % of their time supporting an enterprise. There are too many
flavors of that. Illustrations --->
What if your external auditor wants to look at source ... isn't that
outfit a
professional service provider?
What about the IBM genius who comes in from a service enterprise to help
install to a new operating system .... isn't that outfit a professional
service provider?
What about the service company that sends in contractors to help maintain
data collection software?
There must be a dozen other examples: web connections, email servers, fax
stuff; fancy printing, etc., etc.

d. The INFOR contract language doesn't anticipate hiring a contractor as
an
employee at a token rate/year. There are too many flavors of that too.

e. You don't need a BPCS user ID to enable a programming contractor ...
Google permutations of the BCPS user ID maintenance subject to find
threads
to answers there.


Rob Berendt