1
Legal Aspects of Software
Development
MVV59K Software Law
26th October 2011, Brno
2 Lecturer
Jaromír Šavelka
Department of Law and Technology
Faculty of Law
Masaryk University
Room no. s61 (office hours Mon 12:00 – 13:30)
Email: jaromir.savelka@law.muni.cz
Telephone: +420 549 495 377
3 Lecture Overview
Software Development
Reverse Engineering
Works Contract (Software Development Contract)
Service Level Agreement
4 Lecture Overview
References:
Ráček, Strukturovaná analýza systémů (2006)
Ráček, Analýza a návrh systémů course
materials (2009)
Otevřel, Jansa, Softwarové právo (2011)
Pressman, Software Engineering (2010)
The Service Level Agreement SLA Guide
5
Software Development
Legal Aspects of Software Development
6 Software Development
Software Development Key Elements
Developed within a process of engineering
activities (is not manufactured)
It does not wear off
It is almost always custom made
7 Software Development
Mass Marketed Products
- Independent systems produced by a developer and “sold” at
the market to wide variety of customers who can “buy” the
product.
- Specification is an internal process of a developer.
Custom-Made Products
- System development ordered by a specific customer/client. It is
developed by contractually binded developer.
- Specification of the product is an important part of the contract
between a client and a developer. Any changes must be agreed
upon and price updated.
8 Software Development
Software Development Key Elements
Developed within a process of engineering
activities (is not manufactured)
It does not wear off
It is almost always custom made
9 Software Development
Software Crysis
The end of 60s of 20th
century
- 28 % of software deployed successfully
- 49 % serious problems
- 23 % failures
A need for systematic analysis and design
10 Software Development
Software Crysis
USA government funded software projects (6,8
billion USD):
- 3,2 billion: was not paid, never delivered
- 2,0 billion: was paid but never delivered
- 1,3 billion: vast changes requested, never deployed
- 0,2 billion: deployed after some major changes
- 0,1 billion: deployed as was delivered
11 Software Development
Additional Key Elements
Difficult Maintenance
Software tends to be rather expensive
Productivity of the programmers
Programming Language not very important
Expensive debugging
12 Software Development
Linear Process Flow
Pressman, Software Engineering (2010)
13 Software Development
Evolutionary Process Flow
Pressman, Software Engineering (2010)
14 Software Development
Parallel Process Flow
Pressman, Software Engineering (2010)
15 Software Development
Well Deployed Software
Maintainability
Reliability
Effectiveness
Usability
16 Software Development
Other Key Elements
Complexity
Scale
Communication
Time Management
Intangibility
17 Software Development
Developing Smaller Scale Products (web
pages, simple applications)
Established techniques
Top-down, structured coding, step-wise refinement
Logical framework and code inspection
Tools – compilers, debuggers
18 Software Development
Developing Larger Scale Products (web pages,
simple applications)
Planning Mechanisms – work distribution, schedule,
resources
Well documented specification
Structured team
Formalized sets of tests, trial scenarios
Formalized inspection
19 Software Development
During the software development
User's needs are transformed to …
Software specification that is transformed to …
Software design that is implemented as …
Software code which is tested, documented and
deployed for operation.
20 Software Development
Specification – defining of SW functioning and
deployment limitations.
Development – necessary to develop software in
accordance with the specification.
Validation – software must be validated to
demonstrate that it is a solution to user's needs
Evolution – software must be further developed to
be able to adapt for changing needs of a client.
21 Software Development
Observables
“Artifacts”
- software output
- documentation
- data
- source codes
Processes
- work processes
- established rules (rules-of-thumb)
- interaction among team members
22 Software Development
Development Characteristics
Understandability
Observability
Reliability
Acceptability
Robustness
Maintanability
Duration
23 Software Development
Water-fall Lifecycle
Pressman, Software Engineering (2010)
24 Software Development
Problems of the Water-fall Lifecycle
In reality it is difficult to carry out individual steps in the
precise order.
At the beginning client is not capable of defining the
needs.
Client must be patient.
Late discovery of defects may jeopardize the whole
project.
Preferred by the managers.
25 Software Development
Prototyping Lifecycle
Pressman, Software Engineering (2010)
26 Software Development
Managing Defects
The later a defect is discovered the more it costs
to be fixed.
A lot of defects remain hidden and is discovered
withint the consequent phase.
User requirements usually contain a lot of defects
(facts, controversions, ambiguities).
Can be detected.
27 Software Development
Hardware
Pressman, Software Engineering (2010)
28 Software Development
Software
Pressman, Software Engineering (2010)
29 Software Development
Lehman's Principles
Permanent change
Increasing complexity
Software evolution
Invariant progress
Limited increment
30 Software Development
Common Myths – management myths
We already have a book that’s full of standards and procedures for building
software. Won’t that provide my people with everything they need to know?
If we get behind schedule, we can add more programmers and catch up
(sometimes called the “Mongolian horde” concept).
If I decide to outsource the software project to a third party, I can just
relax and let that firm build it.
31 Software Development
Common Myths – customer myths
A general statement of objectives is sufficient to begin writing programs—we
can fill in the details later.
Software requirements continually change, but change can be easily
accommodated because software is flexible.
32 Software Development
Common Myths – practitioner myths
Once we write the program and get it to work, our job is done.
Until I get the program “running” I have no way of assessing its quality.
The only deliverable work product for a successful project is the working
program.
Software engineering will make us create voluminous and unnecessary
documentation and will invariably slow us down.
33
Software Reverse Engineering
Legal Aspects of Software Development
34 Software Reverse Engineering
“the process of developing a set of
specifications for a complex
hardware system by an orderly
examination of specimens of that
system”
(Rekoff, 1985)
35
Chikofsky, E.J. & Cross, J.H., 1990. Reverse Engineering and
Design Recovery: A Taxonomy. IEEE Software.
36
Application
Security
audit
Security SW DevelCryptography
Viruses, trojan
horses, spyware
DRM
Quality
assessment
Competing
SW
Interoperability
Exceptional
Elements
“Defenders”“Attackers”
Weakness
Exploatation
Recovery
Risk
Assessment
37
Works Contract
Software Development Contract
Legal Aspects of Software Development
38 Software Development Contract
Software Development (and Deployment /
Implementation) Contract
Specific regulation does not exist
=> Works contract as a basis
Framework Contract
39 Software Development Contract
The Purpose and Aims of the Contract
Often missing (usually signals high quality of the
contract)
Can be used as interpretative framework for the
whole contract
Current status of the client (customer)
Desired status of the client (customer)
40 Software Development Contract
The Object of the Contract
The actual description of the software solution key
element, often missing (referrence to an
external document), often vague
Sometimes advisable to use negative definitions
Time and place of the delivery
Possible to specify during the actual development,
Sometimes necessary to change
41 Software Development Contract
Involvement of Third Parties
Hardware supply
●
Developer
●
Client
●
Third Party
Software supply
●
Developer
●
Client
●
Third Party
42 Software Development Contract
The Project Management
Project team
Documentation policy
Internal communivation
Rights, obligations and repsonsibilities within the
project team
43 Software Development Contract
Change Management
Substantial changes
Accessory changes
44 Software Development Contract
Training and Documentation
Vital in case of more complicated software
Training sessions for the employees of the client
that are expected to use the software or provide
support
High quality documentation, tutorials
45 Software Development Contract
Software Delivery
Acceptance based on pre-defined tests (formal
requirements)
Delaye delivery (default)
Developer in default
Client in default
46 Software Development Contract
Software Delivery II
Source codes
delivered
escrow
47 Software Development Contract
Cooperation of the Client
Extremely important
Not-fulfillment may jeopardize the whole project
Serious legal consequences
48 Software Development Contract
Rights to the Software
Transfer of Rights
License Contract
The client entitled to use the software in such a
way to fulfill the purpose of the contract.
49 Software Development Contract
Price
Fixed or budget
Changes – raise, reductions (additional work)
50 Software Development Contract
Defects
Liability for Defects
What can be considered a defect?
Hidden defects, trial operation
Delivery inspection
51 Software Development Contract
Defects
Actual and legal defects
Claims
Warranty
Agreed properties of the software
52 Software Development Contract
Damages
Liability for damages
Disclaimers
Limitations
53 Software Development Contract
Contract Termination
Fulfillment
Substantial Breach of Contract
Withdrawal
54
Service Level Agreement
Legal Aspects of Software Development
55 Software Level Agreement
Definition
Written agreement between a service provider and
Customers), that documents agreed Service
Levels for a Service (SLA)
56 Software Development Contract
SLA Structures
Sevice Based SLA
Customer Based SLA
Multi-level SLA
Corporate level
Customer level
Service level
57 Software Development Contract
Designing the Contents of SLA
Service hours
Availability targets
Reliability
Support arrangements
Transaction response times
Disaster recovery
Reporting requirements
Incentives and penalties
58
Other Important Documents
Legal Aspects of Software Development
59 Other Important Documents
Service Catalogue
Underpinning Contracts
Operational Level Agreement
Service Level Requirements
60
Thank you for your
attention!
(jaromir.savelka@law.muni.cz)