Scrum in Software Development Agreements

Transcription

1 Scrum in Software Development Agreements boalt.org TechTalk - March 05, 2014

2 Overview TechTalk - What, Why and Who? Scrum Overview - Agile Manifesto Traditional SW DevApproach Scrum as 'New Approach' Legal Implications Differences Traditional v Scrum Contract Drafting Problem Areas Useful Links

3 TechTalk What Provide an insight on technical buzzwords and their legal implications Why Understand legal side of tech-issues Provide appropriate advice to clients Who boalt.org - student group dedicated to promoting public interest in technology law Samuel Klaus LLM (Switzerland), IP/IT

4 Scrum - Overview Terminology Rugby "Restart" Different Roles Scrum Master as Coach Scrum in SW Dev Specific way of managing a SW Dev Project "SW Dev Framework" Greater Context Part of the "Agile Software Dev Methods" "Agile Manifesto" (2001)

5 Agile Manifesto "We are uncing better ways of developing software by doing it and helping others do it. Through this work we have come to value: individuals and interactions processes and tools working software comprehensive documentation customer collaboration contract negotiation responding to change following a plan That is, while there is value in the items on the right, we value the items on the left more."

6 Traditional Approach Traditional SW Development Approach Linear & Sequential Rigid Specifications Pros Clear definition of what you'll get Not much "work" for customer Cons You might still not get what you want / need Prone to go budget / timeframe

7 Scrum Approach Scrum Framework Iterative and Incremental Adaptable ("Fluid") Specifications Pros Better chance of getting what you want / need Project control through constant interaction Cons Much more work for customer "Relationship" rather than Contract Mgmt

8 Lakeworks, under CC License Attribution Share Alike Scrum Process List of Features Features to Implement in next "Sprint" "Sprint" / Iteration Fully workable part of the SW

9 Legal Implications Through this work we have come to value: individuals and interactions processes and tools working software comprehensive documentation customer collaboration contract negotiation responding to change following a plan Role definition, key personnel, communication channels Goal definition, documentation Constant "Change management" Focus on interaction and result, rather than wording and definition

10 Contract Drafting Issues Classic Contract Issue Scrum Keyword Preamble Project Scope / Goal Obligations Collaboration Specifications Open, rolling definition (Backlog) "Notices" Collaboration, Communication channels Change Management Collaboration, Customer involvement Deliverables Incremental, Ad-hoc-definition Acceptance Iterative testing, acceptance, feedback Remuneration T&M, Cap, Target-contract (cost/profit sharing)

11 Scrum Contract Keywords Clause / Topic Keyword / Issue ( Idealistic ) Project Scope Definition of what shall be achieved by project Deliverables Iteration-based, rolling Documentation? Delivery Cycle "Milestones", short duration, fix time / variable scope Change Management Enable easy adaptation without formal change process Termination Exit-possibility at end of every iteration Acceptance Simpler procedure, more frequently, user-specific, based on rolling acceptance criteria of each iteration Warranty Incremental and all warranty Remuneration Variations of T&M (per iteration, release, cap) Fixed price per iteration Unit of Work ("workable feature") Target contracts (cost/profit-sharing)

12 Problem Areas Fixed Price, Fixed Scope (Fixed Duration) Contrary to Scrum philosophy Negative incentives Customer Collaboration Large resource demands Longterm commitment Project Suitability Not all projects are suited for Scrum Big, complex, and longterm projects are most suitable

13 Useful Links Slides: Agile Manifesto: Scrum Definitions / Documents Contract Drafting / Sample Clauses Book: Agile Contracts Creating and Managing Successful Projects with Scrum, by Andreas Opelt, Boris Gloger, Wolfgang Pfarl, Ralf Mittermayr (available as ebook in the UCB ebrary: Contact / Comments samuel.klaus@berkeley.edu