READI

(Rights for Electronic Access to and Delivery of Information)

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TECHNICAL SPECIFICATIONS

Definition

Technical specifications outline the software, hardware and interface requirements needed to load and maintain the information on electronic networks.

Discussion

Buyers and sellers agree that both parties need to be certain exactly what technical features will be provided. Technical specifications become an important aspect of the contract and can be handled in many ways. In some contracts there are broad, almost generic descriptions of various files, with full technical specifications found in an Appendix.

What happens when specifications change? In most instances, the seller will want the right to upgrade (or, potentially downgrade) the product over time. Since specifications evolve, most sellers prefer contracts that permit specifications to be changed by the seller, without permission from the buyer, provided an agreed standard is upheld. This is the arena in which disputes often arise. Buyers rightly insist on "non-degradation of the product" when sellers change technical specifications. Very often there are disagreements as to what constitutes degradation. (Is SGML always better than bit-mapped? Or are TIFF images better than PDF files? How can a 300 dpi image with greyscale be compared with one that is 400 dpi without greyscale?) These changes can be very difficult issues to resolve; current practice is to allow buyers to withdraw from the license (without penalty) if there is a material change in specifications with which they are unhappy.

Some buyers solve this problem by contracting the ability to mold what is provided by the seller to fit their own requirements. For this reason, many buyers prefer access to "raw" files which are more easily manipulated into their formats. Buyers are advised to negotiate technical requirements grounded in current (or planned) platforms and delivery systems.

Benefits

One of the benefits of clearly defining what is being delivered is that it offers a record of the technical starting point--an essential basis necessary to determine the source of any problems that may arise.

Risks

Even with concerted efforts to define technical specifications, disputes may arise. Buyers have little recourse, other than terminating the contract, when technical specifications that are unacceptable are introduced.

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Any comments, or feedback?		Last Update:   Wednesday, 03 July, 2002 - 04:22 PM - EDT