Sometimes, advances in technology can take away even as they give. Recently, I wrote about the enhancements to ERP software systems that might come from Artificial Intelligence and the Internet of Things during 2019. While I stand by my fearless November forecast, nevertheless AI and IoT also pose security risks to ERP users. Those considering…
For all of the reasons I wrote about last week, ERP software system contracts are becoming increasingly complex to negotiate and draft owing to the growing number of functions such systems are required to accommodate. Because of the complexity, there are many ways an ERP project can go wrong, starting with how a user defines…
As 2019 looms larger on the calendar, it’s easy to forget what the great Hall of Fame catcher Yogi Berra said about looking ahead: “It’s tough to make predictions, especially about the future.” Even still, as an ERP software licensing and litigation attorney who has worked in the field for more than a decade, I…
If a graduate business school at a major university ever wants to write a case study on how not to do ERP, they need look no further than U.S. National Grid Co.’s series of decisions surrounding its buying, implementing and launching an SAP program for its power generating and distribution operation. It did nearly everything…
The Outlier: Unlike in The U.S., Software Is Not “Goods” In Britain Although the matter has been mostly settled in the United States and most other common law jurisdictions for some time now, in late March 2018, the United Kingdom’s Court of Appeal in London declared software is not “goods” which it is considered to…
How to Write the Optimal Software RFP An ERP software is an expensive, time-consuming investment. Before committing to one vendor, you should do proper research to find the perfect match for your business. A request for proposal (RFP) can be the perfect tool for that. This article will explain how to put together an RFP that includes…
After making the decision to file a lawsuit for a failed implementation or ERP project, one of the first things that should be analyzed is the contract executed with the ERP vendor. Having analyzed hundreds of these implementation contracts, one thing is abundantly clear: they all contain language that is strongly in favor of the…
Software Attorney, Marcus Harris, on November 2, 2011, will speak at the fall meeting of the Canadian IT Asset Management Users’ Group (CITAMUG) in Toronto. The meeting is hosted by Ms. Sherry Irwin, President and Principal Consultant at Technology Asset Management Inc. and CITAMUG Founder and Chair. A frequent speaker on software license negotiation, Marcus…
Software license agreements almost always include language that allows the vendor to audit a customer’s use of the software to determine compliance with the license grant. Standard vendor language is usually broadly drafted in favor of the vendor. Typical language allows the vendor to conduct audits at will and capture revenue for any inadvertent usage…
Negotiating software licenses is a complicated process that takes knowledge and skill. Changing technology and new methods of software development and delivery have changed the game. The consequences of getting it wrong can be severe. “Negotiating Software Licenses with Marcus Stephen Harris” was broadcast as a webinar focused on understanding software licenses, their legal background…