Re: Refactoring on D2006

"Craig Stuntz [TeamB]" wrote
Jon Robertson wrote:

Download the MP3 of the chat from
http://bdntv.borland.com/replay/mp3/bdnradio_btp_devco.mp3. Then
listen from 62:52 - 64:28. You'll find that DavidI did actually
say such a thing.

That's not quite what he said, but thank you for providing the link so
that people can hear for themselves.

AFAICS, David said that they can't introduce new features in the
updates because of how Borland lawyers have *interpreted* S/O, which is
not quite the same thing as saying that S/O directly requires this. He
directly said that he didn't fully understand (or at least was
unwilling to publically provide a legal opinion on) the act itself.

I just spoke to a CPA consultant who has considerable knowledge of the
implementation of SOX (Sarbanes-Oxley) within and by major companies and
when I explained what is said to be Borland's lawyers interpretation that
software patches can't introduce new features the response was WTF are those
lawyers thinking, SOX is all about good corporate governance and internal
controls. The only time software comes into play is when it is software used
for Sarbanes-Oxley compliance to assist in meeting the requirements of the
SOX law.

However with that all said, it does appear from the Press Release below that
Borland is going into the "Good Governance Software" business and here good
business policy to avoid legal liability with respect to SOX might include a
rule that new functionality shouldn't be included in software patches since
that could require an internal recertification of the "Good Governance"
software sold by this new business venture.

So maybe Borland feels that what's good for the goose is also good for the
gander and thus caught Delphi in the snare. But note that I said "business
policy" and not how lawyers "interpert" the law.

IMO it sure sounds like a lame excuse, blame the lawyers...

Eip

Press Release Source: Borland Software Corporation

Borland Delivers IT Management & Governance Solution to Help Companies More
Efficiently Select and Manage Software Initiatives

CUPERTINO, Calif.--(BUSINESS WIRE)--Feb. 14, 2006--Borland Software
Corporation (Nasdaq:BORL - News; www.borland.com) today introduced a
complete, personalized IT management and governance solution to help
organizations achieve IT business alignment, increase visibility and control
over IT projects and investments, improve execution with more effective
resource utilization and manage regulatory compliance. The solution combines
Borland's process improvement and skills training services with a new
version of Borland® Tempo(TM), packaged and delivered in an integrated way
that can help IT organizations manage their investments, projects and
resources more efficiently and cost effectively





.

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