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Legal matters. It can matter a lot. Yet many software developers, completely obsessed with trying to get their product to the starting line, or selling enough of it to keep the lights on, delay or avoid altogether dealing with legal matters. Many folks would rather get a rectal exam than have a conversation with a lawyer. The whole legal thing seems to be such a waste of time: preparing for all kinds of eventualities that never happen, setting up systems and structures that no one ever looks at. Like insurance that you never make a claim on. Or seat belts that you very rarely need. But as I said in the last chapter, Plan for success. This means that someday, hopefully, someone WILL be looking at your legalities because they will want to pay you a big chunk of dough for your product. And on the downside, you might hear from someone who thinks you have done something wrong. And they ll want a big chunk of your dough as well. And then there s that whole other industry that wants you as a partner the illegal copy, software piracy business. You need to protect yourself from them if you can. To a lesser degree, this involves your users who may not be as, shall we say, sensitive about your property as you are. So you have to cover all your legal bases. It s boring, tedious, absolutely no fun, and doesn t involve anything as entertaining as programming. And so I apologize for the length of this chapter and the dearth of pictures. But doing the legal thing and doing it right will increase your chances of success in many ways. Legal disclaimer: do not rely on this chapter for legal advice. I m not a lawyer and don t even play one on TV. The purpose of the information contained herein is to introduce you to the various legal topics you need to consider when bringing a software product to market. It is not a substitute for a consultation with a qualified attorney and/or tax accountant.
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Legal matters are off-putting because of the sometimes, OK, often, confusing or obscure nature of the subject. And the language they use! Would you hire a programmer who talked like that As a community, software developers tend to be controlling types. And so we like precise, program-like answers to our questions. But, when we sit down to talk law with a lawyer, their answers never seem to have the satisfying precision we like. So we don t get that comfortable in-control feeling. And there seems to be so much basic stuff we don t know. We don t even know the right questions to ask. (Of course, ask a lawyer how comfortable they feel about talking to a programmer.) However, if you ve gotten this far creating a working software product, let me assure you that there s nothing going on in the legal world that you aren t capable of understanding. You just need to know the issues that require attention to set up and maintain a clean, street-legal business, protect your product, and cover your assets. To do it right, you will most likely need a lawyer and sooner rather than later. Let me digress a moment and put in a good word about lawyers, here. Lawyers are an easy target. The pundits have a lot of fun at their expense. People all the way back to Shakespeare have been heaping gratuitous vilification on this group. The first thing we do, let s kill all the lawyers says the often-quoted Dick the Butcher in King Henry IV. Of course, what Shakespeare was really underscoring was the importance of the part that lawyers play in a society based on laws. The quickest way to despotism, even then, was to remove the defenders of the law. Certainly there are as many unethical and corrupt people among lawyers as there are among, say, the programming community. But arguably not more. So cut your lawyer some slack. They re as straight and competent as you are. And they re going to do a lot of good things for your business. End of sermon. A good lawyer will advise you about and defend you against any problems that arise in the course of your business. A really good lawyer will see to it the problems don t occur in the first place. So you need to find a really good lawyer that you trust. Finding the really good lawyer is not as difficult as it might seem. Referral is the absolute best way to find one if you don t already have one. Family, friends, and business colleagues are the best source. You ll want one who specializes in business issues what is called a transactional lawyer as opposed to one who specializes in litigation or criminal law. A lawyer who also does trademarks and patents and can advise on issues of intellectual property will be a big plus for your business. The really good lawyer should not charge you for an initial consultation. Think of it as a job interview or as evaluating a vendor. You don t pay people to make sales calls on you, do you
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