Scrum in Software Development Agreements

boalt.org TechTalk - March 05, 2014

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

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

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)

Agile Manifesto

"We are uncovering better ways of developing software by doing it and helping others do it.

Through this work we have come to value:

individuals and interactions over processes and tools

working software over comprehensive documentation

customer collaboration over contract negotiation

responding to change over following a plan

That is, while there is value in the items on the right, we value the items on the left more."

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 over budget / timeframe

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

Scrum Process

List of Features

Features to Implement in next "Sprint"

"Sprint" / Iteration

Fully workable part of the SW

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Legal Implications

Through this work we have come to value:

individuals and interactions over processes and tools

working software over comprehensive documentation

customer collaboration over contract negotiation

responding to change over 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

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)

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 overall warranty

Remuneration Variations of T&M (per iteration, release, cap) Fixed price per iteration Unit of Work ("workable feature") Target contracts (cost/profit-sharing)

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

Useful Links

Slides: http://goo.gl/1CxXBC

Agile Manifesto: http://agilemanifesto.org/

Scrum Definitions / Documents •  http://en.wikipedia.org/wiki/Scrum_(software_development) •  https://www.scrum.org/Scrum-Guide •  http://agilecontracts.org/

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: http://site.ebrary.com/lib/berkeley/)

•  http://agilesoftwaredevelopment.com/blog/peterstev/10-agile-contracts •  http://www.emergn.com/insights/blogs/must-haves-for-agile-contracts/

Contact / Comments •  samuel.klaus@berkeley.edu