RE: Issues with distribution of technical documents

Subject: RE: Issues with distribution of technical documents
From: "David B. Stewart" <dbstewart -at- dswrite -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Tue, 26 Jun 2001 12:40:05 -0500



Steve Jong writes:

> Now: Should I be happy if a client with 1,000 end users (say)
> nationwide gets
> *one* (1) copy of the documentation set, and then never asks,
> or is offered,
> more? No, not at all! But what can we do about it?
>
> Once they've paid for the software, do our clients have the
> right to demand
> unlimited free copies in perpetuity?

Laws currently allow rights owners to sue for damages in cases of license
violation. If the license effectively addresses documentation, then the
issue should be covered.

The product license agreement and any other related contracts should be
modified to address the documentation issues. Documentation is part of the
product. A document or document set should be assumed/defined for every
seat sold on a multi-user product and every product sold for single-user.

In some cases, I've modified vendor contract drafts to spell it out. I was
the customer. As the customer, I wanted to have things understood from the
beginning. If I knew users wanted to make copies, I made sure rights were
explicitly granted in the contract before I sent it to executives for
approval. Some products have regulatory obligations with regard to
documentation and the vendor must control that content, whether the sales
force realizes it or not.

Many sales staff I've dealt with are ignorant of these type of issue. Many
customers are similarly ignorant and rely on the sales staff to take care of
everything. If the vendor doesn't cover the holes, the vendor will get
burned. So will the customer.

When the vendor doesn't clarify the license issues internally, a bumpy ride
is waiting as the contract is administered. A modified contract can be an
oddity to a vendor that assumes all was well with the standard draft. The
vendor has to get it right internally. Otherwise, the bumps continue and no
one is happy.

In short, no one (customer or vendor) should be whining about documentation
cost issues. Rules should be defined in license and the license should be
enforced consistently.


David B. (Dave) Stewart
http://www.dswrite.com/


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References:
Issues with distribution of technical documents: From: SteveFJong

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