There is nothing intrinsically wrong with the "software as a service" concept. In fact, properly implemented, it could be an improvement over the more common product concept.
I'm going to assume that the proposed law discussed here does not circumvent the basic principle that to be enforceable, a contract provision must be so clearly stated that a reasonable reader of the contract will not misunderstand it. The responsibility (and cost) of unclarity in a contract rests with the one who wrote it. If, when we decide we want to become, for example, PADS users, we are clearly informed -- and not just by fine print -- that we are buying the use of the software for a specified period and not beyond that period, then we are making a choice to employ the services of the software company for that time. We will still have remedies under common law where the new law has not clearly preempted those rights. For example, if I sign a contract for services, and then I am unable to perform those services, or I perform them so badly that testimony could be brought and believed that what I did was against prevailing standards, then my client has a right to refund even if he has paid for the full period in advance. This is true if time is of the essence; otherwise I might avoid making this refund if I make good on the contract. (If I am hired as an employee and not as a professional contractor, then the employer is fully responsible for any errors or failures and he must pay me as agreed up until I am terminated -- unless my failures are shown to be willfully negligent or worse, which changes the game. Generally employees have a right to be paid, they are first in line of a company goes bankrupt.) So if I don't like the contract which the seller of software services is proposing, I don't have to buy it, I'll look elsewhere. I specifically returned a PADS license because it explicitly permitted PADS to repossess the software if maintenance was not paid. Protel has done nothing like that, they are not anything like that stupid. On the other hand, if the entry price goes way down, software as a service could be a great idea, and especially if the payment is, say, monthly. If it were not for the entry price (plus the learning curve), I might buy an Allegro license, it might actually be worth $800 per month. There is a high demand for Allegro design and few independent designers able to fill it. There is a company working on this model, Tsien, the Boardmaker people. The product is not on a level with Protel, but it is very good for the price, which is a yearly payment, I think, which is quite low. No extra startup cost except your own training. [EMAIL PROTECTED] Abdulrahman Lomax Easthampton, Massachusetts USA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * To post a message: mailto:[EMAIL PROTECTED] * * To leave this list visit: * http://www.techservinc.com/protelusers/leave.html * * Contact the list manager: * mailto:[EMAIL PROTECTED] * * Forum Guidelines Rules: * http://www.techservinc.com/protelusers/forumrules.html * * Browse or Search previous postings: * http://www.mail-archive.com/[email protected] * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
