Posts tagged: legal

E’Ship Diary Part 4: what to pay attention to when starting a business

facing the mountain of starting a business.jpgThis is just a short list of challenges that I faced with my current business. Feel free to suggest other things in the comments.

  1. your relationship with the company & people you’re starting with: coming out of a position that involved reading a lot, a lot of contracts, I’m kind of particular about how to phrase them. I like the idea of contracts if they very clearly state the boundaries of your position and the relationship you have with others. It should also clearly state the deliverables that have to be met, though that can also be included in a separate “action plan.” A good contract should leave no room for misinterpretation, which is why it took about 3 weeks and 8 draft-revisions to get it just how both me and the company wanted it. Of course, a 1 person business doesn’t have to do this, nor someone that doesn’t get paid, though both in “hobby (that become) startups” situations and multi-team startups, it’s good to have a thing on paper that states a number of things including responsibilities & shares, as well as, if possible, time-frames for carrying out the job. You don’t need a lawyer for this, it’s best to start with a simple list of what you want to achieve and work from that. Very important is to mention what national law this contract falls under (e.g. Dutch law or French law), full names & addresses, etc.
  2. your intellectual property: I’m kind of running up against something like this now, which is why I think it’s worth mentioning. IP has different values in different industries of course, but in my industry, a high-tech non-software one, it plays an important role. Not only is it important to dedicate certain resources at protecting your IP, you also have to watch out that others don’t lay claim on it, just because you spoke to them once or twice (or worked there at some point. The Mattel vs. Bratz case is an interesting one to follow for that.). IP protection also plays a part when talking to outside parties like investors. Last but not least, it does protect you against copycats, though, as mentioned, the value of patents or similar varies from industry to industry.
  3. your own finances: They say that you should have enough saved up to not have to work for 1 year. I’ll just say that I made sure that I do have a comfort zone, though not so much that I won’t stay hungry (lesson 101 in entrepreneurship and raising (rich) kids: instill a hunger for success).
  4. the company finances: at my last company, my job was to handle certain business affairs for companies that have their legal address with us. Company finances are a complex affair, and plenty of swindlers out there try to get out of taxes here and there. Not that I don’t sympathise, but be careful of not signing something that makes you responsible for someone else’s problem. Something similar occurred last year, where someone signed something that nearly (!) made him responsible for ca. 1 million euros in unpaid taxes. Let’s just say that the lesson was to have complete transparency from the start and not sign if it doesn’t exist. Preferably this should be specified in the contract (point 1) also. The other side of the coin is that the company has to become a financial vehicle for the people working there. That means that managing its finances (income and expenses) is vital to making sure that there’s also enough money to pay all the costs.
  5. staying organised: Kind of obvious, a chaotic entrepreneur doesn’t make for a good entrepreneur. As I have about 12 different jobs, I have to make sure that I don’t forget what needs to be done, to prioritise the important things at the right time, and to delegate those tasks that I have no time for or someone else is better suited for.
  6. staying healthy: I’ve seen three people pass away that I’ve had a professional relationship with. One was of an advanced age, one had a deadly disease, and the third passed away at a very young age of medical complications. Two of these were entrepreneurs, and both let themselves get carried away by stress. Stress means: less sleep, eating crap-food (my new term for fast-food), and not taking the time to exercise. It is not where I want to end up, I want to do a good job (it is just a job) and live long enough to reap the rewards (preferably, I’d like to live forever, but that’s a future startup).
  7. staying connected to people: as a first time CEO, I have a lot of questions and the best way to have them answered is to ask them to people that are smarter than me. Luckily, there are many, many smart people out there, and people love talking about that which they know.

That’s it for now and all I could fit into 30 min. of writing. All my entrepreneurship diary posts can be followed under the tag ‘Vincent’s eDiary.’ I don’t write about what we do as a company on purpose, but you can always ask in the comments or via the email address on the right.

Where is the Logic in Segmented (!) European Licensing of iTunes Apps ?

iTunes App licensing -1.jpgMaybe I’m a case apart, but I have become both a consumer of iTunes Apps and have recently moved between two countries, the Netherlands and Luxembourg. Until recently, my account used for consuming iTunes content was Dutch. Now, I decided to switch the payment to a Luxembourg credit card, which required me to change the address in Itunes to Luxembourg as well.

And guess what, when you purchase an app in the Netherlands and then change the residence to Luxembourg, all or most of your content becomes invalid and gets deleted from the device you purchased it for. It doesn’t matter if the app was free or not, it’s just gone, even though your purchase history clearly states that you did pay for that app!

I have written to Apple to report this problem, but in the mean time I worry every time that the apps, in which I also produce content, may get deleted the next time I sync my content.

I’ve previously written about Media being the most “unflat” industry on our planet, but I really wasn’t expecting this to be the case for Software, which I thought was produced by hip, non-conformist guys like you and me, that sell to everyone over the internet and don’t care about national borders.

Can someone, an app developer perhaps, explain to me the reason for having a different license for different countries? I understand currency and language differences, but many apps are just in English and the whole of the EU uses the Euro?

If alternatively, you happen to know of a solution to keeping your apps while changing residence, please let me know!

All that aside, have a great New Year, everyone!

Vincent

What I'd like: an end to ALL bureaucracy, dammit!

wall bureaucracy.jpgThis is an angry post, so ignore if you can’t handle it. Nothing is as frustrating to as staring at a blank wall. And to continue to use that analogy, nothing is as frustrating as staring into the face of someone who radiates “there’s nothing I can do” or “there’s nothing I will do” to solve your problem. And the same for talking to people on the phone, etc.

Apart from the personal defects these people have (developed), two main reasons, that I can identify, cause this problem:

  1. The organisation itself
  2. The legal environment

How the problem manifests itself is in several ways:

  • things only work in one country / for one company at a time and have to replicated with every move
  • many people have to be consulted to make a decision
  • long stuffy contracts have to be prepared and read
  • papers have to be signed and delivered with the actual ink of the pen (the worst thing about this is that some people never write, except to sign papers, and what point is the signature then?)
  • papers have to be sent by 19th century snail-mail instead of the 20th century fax or 21st century email (I expect that by the 22nd century it will all happen by Twitter)

As a consequence, you have to be a master of patience as you face “wall” after “wall” after “wall,” trying not to tell these people how much they really frustrate you (of course, they already know).

I remember reading recently that electronic voting will never happen because anything that can be hacked, will be hacked. So I guess, we will always have to go to a physical office and vote by pressing a button (at least some innovation there). And I guess that signatures can always be faked, when sent via email or fax, so perhaps snail-mail will continue to exist (apart from the very profitable packet-sending business, which, thanks to e-commerce, is here to stay). And I also guess that because each of you speaks their own language and each entrepreneur decides at the start to reinvent the wheel, aka do things their own organisational way, that cross-cultural and -organisational inefficiencies will continue to exist.

When you think about it, the real problem is that humans aren’t telepathic, because if the “wall-person” in front of me could read my mind, they’d be a lot more helpful.

Yes, this was a “what I’d like,” that no one will be able to solve ever.

Vincent

Are web businesses above the law?

Meet AddressBookSync, a simple Mac-app created to synchronise pictures and trivial (birthday) data from Facebook with the local Address book the Mac. This is about as much as you could possibly get out of Facebook, without infringing on the terms of agreement that you agreed too (probably without reading) when signing up to Facebook.

And meet my other friend, LinkedIn’s AddressBookExport, which allows me to place all of my contacts into the, again, more useful Address Book on the Mac.

Now, I can take that address book and import it back into Facebook. But I cannot do it the other way around.

Facebook import export mail.jpg

Maybe I’m being too European about this, but it seems logical that this should be a law. These are your contacts; there’s a mutual agreement between both parties to come into contact. That same agreement might not exist regarding me importing their addresses into Facebook (Still have to read those TOCs), but Facebook still allows it.

We all get why they don’t allow the opposite. They don’t want me to take my contacts with me to some other social network. Because it isn’t a utility like LinkedIn, but more like a gym-membership, with lots of fun activities to do onsite.

But seriously, shouldn’t this be a law, and if so, why isn’t it being implemented?

Vincent

Getting hired by Amazon, Apple, …, Yahoo, ZDnet: tips and future hacks.

Trying to digest a cheesy crust pizza this noon, I was wondering if instead of a pizza I was carrying a baby. The good thing was that there would be two of us going back to work, even if the one was rather unqualified to give me hand. What a delight for my pizzababy to grow mentally through this early job! Apart from hanging around with Bruckner’s twins (le Divin Enfant) getting early to work will permit it to develop the working flexibility that parents preannounce and corporations tend to establish through rotation programs.

So, how often will it switch jobs? Every 3 years, two times a year, each month or…. why not several times a day?

Assumption: A job may less and less be outline of your style, status and skills, THE choice that you make in your self-creative youth and pursue with passion until your hands have shrunk and you mumble wisdoms on professional resilience to your children.

It seems (to me, to you too maybe?) that jobs get more and more project–centric, existing-skills based, time and locality indifferent.

with Theme-generated-tasks’ accomplishment  transforming into task accomplishment around a theme.

The digital business field, where change is well in advance, brings up a strong trend on segmentation of the classical notion of job.

Two examples on the internet can tell the story:

Amazon’s Mechanical Turk

and

Innocentive

These two companies propose a per task remunerated employment, amazingly different as regarding necessary skills.

Amazon’s Mechanical Turk mostly addresses the non qualified workforce and Innocentive the ultra specialized scientific one. The concept on both is that you’re hired on a per project basis, for a translation, to prove the Fermat Theorem or to fill in the ISO forms.

It is then highly important to have a personal job management system to handle contests you participate and your prizes, puzzle your profile and communicate with trusted professionals.

A sort of e-mployment survival kit to prevent you from e-xploitation.

This vast talent pool of potential Mechanical Turks, scientists and everyone between, also creates opportunities for providers of meta-HR services to aggregate and compose job particles into a real job.

Providers such as advisors, agents and therapists:

social engineers, serial trendsetters, legal timing planners for fringe technology testers (“get the trial before the action is criminalised with a law”), real life rehabilitation mentors (“get rid of Wii gestures when in the grocer’s”), tec-addiction therapists, viral marketing therapists/ digital image makers (banal already maybe), mini-krach recoverers, startup estate agents, other (attention, this is not a generic term, it can be a job where you are paid to differentiate and foster evolution), and so on.

A combination of a middlejob with a classical one or the mix of various middlejobs could result in a steady plus variable income, mental coherence and growth, an optimised planning and a life-job balance.

On the “which?” the question is open. On the “how many?” 2 jobs maybe ok while 3 or more could definitely assure the statics of the e-mployement construction. …

Job- memo for my pizzababy: Exercise with 3 or more jobs, with an hourly basis frequency, vary the status. In case you need help call your agent.

After it was digested I went back to work.

Georgia

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