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As an executive of a dot-com start-up, I haveexperienced firsthand thedramatic shifts in develop-ment caused by oureconomic downturn. Ourcompany survived twodevelopment firms, three
staff rollovers, and a vendor’s corporate merger. Ourneeds evolved from a full service vendor to contrac-tors. Rather than show my own battle scars, Idecided to check the pulse of others in the industry. Isurveyed a group of development professionals—Grace Lanni, founder, eCityLimits; EdGrossenbacher, UNIX, C++ & Java developer; KellyPeters, informationarchitect, consultant;Judy Hacker, VP ofSales, FusionLearning Systems;and Tammy Mabra,graphic designer,founder, Tirare—toget their take on thechanges in the cur-rent economy.
The consensus:Salaries are more inline with real experi-ence, frivolousbenefits and stocked mini-bars are out, seasoned andeducated talent wins the job, joining strong organiza-tions and networking are the keys to getting business,and 70+ hour work weeks are a thing of the past.
Q: How do you think the climate for develop-ment has changed over the last 12 months?
Grace: The types of companies securing funding havechanged. Companies seeking series A funds areencouraged to have a beta product and a paying cus-tomer. Product companies are now blooming fromco-development service engagements. Founders andtheir angels must be incredibly creative to establishtraction for VC funding.
Ed: Finding work is much harder now than it was ayear ago. But, the glut of developer talent probablyconsists of junior programmers. If an educated, expe-rienced developer is having trouble getting a job, it’sprobably because they either aren't trying or theirresume is being lost in the sea of junior programmerresumes.
Kelly: Since IAs are in demand at the beginning ofprojects and investors have pulled funding for new
application development, IA work has becomeincreasingly limited to revamping existing applica-tions. Eventhough all theIAs I know havebeen laid off orquit, it’s easierfinding employ-ment becauseour skill sets areso broad.
Judy: I am not sure the e-business consultants willexist in another 12 months. Clients are paying 25%to 40% less and are looking for developers with engi-
neering degrees and more experience.
Tammy: I had more work than I could handleone week and the next week all of my clients werecutting expenses. The time for closing a contracthas changed. It takes three to five meetings and alot more work to close a small contract now asopposed to larger contracts that were closed inonly a couple of meetings just a few months ago.
What were your priorities last year and howhave they changed today?
Grace: The bulk of our funds were earmarked todevelop a sophisticated first release. We felt beingfirst to market was key to owning the space. Thisyear we put the brakes on development to find a
customer that would co-develop our solution.
Ed: My number one goal last year was to find a jobclose enough to home that I could ride my bicycle towork. Now, it’s finding work through networkingwith friends and pinging old clients.
Continued on page 16
HANK JONES
SINGS THE
SUMMER BLUES --AGAIN.
More inside on page 6
IN THIS ISSUEFEATURESSoftware DevelopmentRevisted: Changes in theCurrent Economy . . . . . . C1
New Beginnings . . . . . . . . 6
Austin Idea Network . . . . . 6
Keys to Personal
Leadership . . . . . . . . . . . .12
Life Searching for LeadershipLeads to ASC “U” . . . . . . 13
Using Your TechnologyCollateral to SecureFunding . . . . . . . . . . . . . . 14
Naming Your New
Product . . . . . . . . . . . . . . 15
DEPARTMENTS
Message from the Chair . . 3
Executive Interview . . . . . . 4
MemberBenefits . . . . . . . . . 5
General Counsel’s Comments . . . . . . . . . . . . . 8
Member News . . . . . . . . . 10
Monthly Meetings in Review:
June - Recruiting TopTechnology Talent in theCurrent Downturn . . . . . . 18
July - Survivor III: That WhichDoes Not Kill You Makes YouStronger . . . . . . . . . . . . . 20
August - It Ain’t Far fromTexas - A Different View ofthe World . . . . . . . . . . . . . 22
Sponsors . . . . . . . . . . . . . C4
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Software Development Revisited:Changes in the Current Economy Dawn Evans, WorkplaceToolbox
““...seasoned andeducated talentwins...””
The Leader
Board of DirectorsChair Robin Lea Curle, CEO Partnerships
Les Belady, ConsultantBill Bock, Verity Ventures
John Dirvin, Austin Ventures Neil Iscoe, e-Certain
Dick Moeller, Verity Ventures
Karl Freund, Tivoli SystemsBetty Otter-Nickerson, BMC Software
Lauren Peters, Peters Group Public RelationsJuan Sanchez, University of Texas
Ed Taylor, Collective TechnologiesPaul Toprac, ASC Executive Director
StaffMain Number 305-0023Executive Director
Paul Toprac, [email protected]
Director of Member RelationsCatherine Bartlett, 305-0010
Business Development ManagerRon Miller, 305-0014
Office ManagerSandra Kaso, 305-0043
Events CoordinatorSusan Snow, 305-004
X-TeamX-Team Chairs
ASC “University” Chris John, 478-8779 x13Chancellor [email protected]
Community/Civic Vacant
Conferences Vacant
International Deirdre Mendez, 338-1177Development [email protected]
Legislative Jeff Heckler, [email protected]
Legal Counsel Tom Adkins, [email protected]
Marketing Steve Farrer, [email protected]
Membership Vacant
Mixers Vacant
Programs Charlie Jackson, [email protected]
Publicity Lauren Peters, [email protected]
ASC Communities Keith [email protected]
Sponsorship Vacant
Website Judith Manriquez, [email protected]
Workforce Craig Eissler, 912-9694Development [email protected]
A Note on this IssueEmily Sopensky, The Iris Company
As the Software Council grows and changes to better reflect its membership, so doesthe newsletter. We are always listening to the feedback from our readers and hope tomake the newsletter not only full of relevant articles, but also appealing to read. In thenext few issues, you will see the a few subtle changes that we hope you will make yourtime with The Leader more enjoyable.
In this issue we were looking for how companies have been meeting the economic andtechnological challenges of the downsized business. Dawn Evans of Workplace Toolboxgives an example of surviving by revamping strategy. Andrew Moore of DSITechnology Escrow Services tells you what happens when IP is used to secure collater-al. Jim Ronay, a long-time member and consummate seer for businesses needing a newsales model, speaks of the role leadership plays. Jonny Huang, an associate of MerrillLynch, tells how an ASC"U" seminar in leadership helped him personally.
We’ve added a new feature, a focus on member benefits. See Julie Sparks on howTriActive is using ADP payroll services. In addition, we’re glad for the return of theExecutive Interview. This quarterly focuses on Board Member Bill Bock whose accom-plishments are numerous, not the least of which is his new role as partner with VerityVentures. As CEO of Dazel Corp., he successfully guided it to the purchase and newhome at Hewlett-Packard. We’ve also returned to a quick summary of Members in theNews. Please consider keeping us up to date on news about your company.
In the first quarter, the Austin Software Council website had 900 hits downloading thenewsletter. Wow! That’s great! But we urge you to contact Catherine Bartlett if you area member and NOT receiving the newsletter in the mail <[email protected]>. Let us know, too, what you like and don’t like about the newsletter<[email protected]>.
The next issue focuses on email. What you hate about it, what you like about it…howyou are using it effectively in your organization…what problems you continue to havedespite brilliant software developers and off-the-shelf tools…how you are overcomingthe obvious pitfalls (spamming, worms, viruses, time monopolization, etc.). If you havea unique tool you’re developing for email, let us know about it. The issue will be avail-able in early December, but we’ll need to hear from you in mid-September. Pitch us<[email protected]>.
The next story contest is coming up! First quarter 2002 will feature, once again thepopular story contest that made us all smile a few years ago. We’ll be looking for storieson how you spent your holidays/vacation/furlough. Your choice. More specifics latervia email. Stay tuned.
EditorLaurie Modrey
Contributing Writers
Director of PublicationsEmily Sopensky
PublisherThe Austin Software Council
Newsletter DesignProtean Marketing Inc.
Feedback: email [email protected]
For more information contact3925 West Braker Lane, Suite 400
Austin, Texas 78759Tel: 512-305-0023Fax: 512-305-0220
www.austinsoftwarecouncil.org
W. Stephen BeneshGlen ColemanCraig EisslerLinda Elkins
Robert A. FloydBen GallagherHeidi Johnson
Christine LowryBritton Manasco
John A. MenchacaDeirdre Mendez
Mark MeyerBetty Otter-Nickerson
Howard NirkenJerry NormanJefre Outlaw
Kerry Anne RidleyGail Taylor RussellEmily Sopensky
Raj SundraPaul Toprac
Phil Whittemore
The Leader Staff
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As a bumper sticker in the mid 80’s said, "PleaseGod, give us another boom, we won’t screw it up thistime." In the past two years, our industry has goneinsane. You may find it interesting that just about thesame number of deals were funded in first quarter of1999 (719) as were funded in first quarter of 2001(692). What went on between these two quarters, how-ever, was crazy, an anomaly (during Q1 of 2000 over 1500 deals were funded, twice asmany as ever in history). In my opinion, we are readjusting back to a more normalbusiness environment. But this readjustment is painful.
Settling back into business as we used to know it is a perfect time to review all theservices the Council offers. Look, for example, at the networking events, the speakers’pearls of wisdom, and the ASC "University" with its variety of courseware in all areas ofbusiness learning to allow us to grow as professionals. Then there is the leadershipforum and the new launch of the executive roundtables. These roundtables are theonly venues in town where executives, like CEOs or VPs of Sales or HR, etc., can regu-larly sit down with the same group of equals without service providers, facilitators,competitors, or speakers and have open, unbridled discussions about their issues andproblems while sharing ideas and resolutions in confidence.
These and many other services are available through your membership. So useyour Council. If you are still not aware of all the exciting services, ask Catherine orPaul to come to your company to talk about our offerings or visit our website. Let'sget through these times together. Austin is a wonderful place to do business, and weare in one of the best growth industries around. Thanks for your attention and sup-port. And let us support you.
Robin Curle is Chair of the Austin Software Council Board of Directors and GeneralPartner with CEO Partnerships, which provides executive-level advisory services to ade-quately funded emerging technology companies. She can be reached at [email protected].
3Q01
Let’s Get ThroughThese Times TogetherRobin Curle, Chair, Austin Software Council
ASC“U” DeansLed by Chancellor Chris John, the Austin
Software Council “University” deans are thepeople who plan the seminars their depart-ments present. ASC“U” deans welcome yourideas for future programs. You can reach themat the addresses listed below.
Vice ChancellorTony Thompson [email protected]
FinanceDale Cox [email protected]
Human ResourcesChris John [email protected] McIntire
InternationalizationDeirdre Mendez [email protected] Hall [email protected]
LeadershipChristopher Avery [email protected] Kocurek [email protected] Leadford [email protected] Ronay [email protected]
LegalGail Taylor Russell [email protected]
MarketingCheryl Seeman [email protected]
Software DevelopmentKent Hemingson [email protected]
FUNDING IN 2001 CONFERENCE: PART IITuesday, September 25, 2001,
7:30 - Noon at MCC Auditorium
Meet with 150 technology executives and entrepreneurs
Funding in 2001, Part II Topics:
• First Funding: Seed/Angel to Series A
• Follow-On Funding
• Strategic Alternative Funding
www.austinsoftwarecouncil.org
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ASC CommunitiesExecutive Roundtables
Keith Zimmerman [email protected]
HR Peer GroupSusan Sandberg [email protected]
International ForumDeirdre Mendez [email protected]
Sales & Marketing ForumJean Anne Booth [email protected]
eBusiness Forumpartnered with Central Texas eCommerce Users Group
Wireless Forumcurrently looking for volunteer
Information Systems Forumpartnered with AITP
Product Management SIGKaren Wilson [email protected] Barsness [email protected]
Internet Appliance SIGJeff Michalski [email protected]
ASC NetworkingMonthly Meetings
Charlie Jackson [email protected]
Executive Interview
Flying High with Bill BockAdrienne Lallo, Niehaus Ryan Wong Public Relations, Inc.
Bill Bock has a knack for making thingsfly. As a lad of 10, he launched newspapersonto front porches in Cedar Rapids, Iowa. Asan adult, Bill has fueled the lift-off of severalsuccessful startups. After starting his career atTexas Instruments, he became senior vice pres-ident of administration and CFO of ConvexComputer Corporation, eventually serving assenior vice president of worldwide sales. In
1994, he joined ayoung TivoliSystems as executivevice president andCOO, ensuring thecompany’s success-ful initial publicoffering and 1996merger with IBM.Bill’s next assign-ment was as presi-dent and CEO ofDazel, which hesteered until thecompany was pur-chased by Hewlett-Packard in 1999and he became vice
president and general manager of HP’s IPSServices and Solutions.
Today, Bill is co-piloting another newentity as a partner in the Austin-based venturecapital fund Verity Ventures. Verity, led by amanagement team experienced in both early-stage technology companies and venture fund-ing, is investing time and money principally inTexas. Bill likes the geographic boundarybecause time in a plane is time he can’t spendcoaching entrepreneurs eager to draw on hiswealth of operational experience.
Bill also has helped catapult several highprofile non-profit organizations close to thehearts of Central Texas entrepreneurs, includ-ing the Austin Entrepreneur’s Foundation(AEF) and Austin Software Council.
Cuncil member Adrienne Lallo recentlyspoke to Bill about his roles at Verity, with theCouncil, and in the community.
A.L.: Tell us, what is Verity Ventures’area of focus?
B.B.: We raise funds for very early stagestartups, principally in Texas, which is anextremely rich environment for startup forma-
tion. Our intention is to raise $125 million, asmall fund by today’s standards, and that’s bydesign. My partners and I want to concen-trate as much time as possible with each of ourportfolio companies.
A.L.: What role do you play as a partner?
B.B.: Initially, I’m engaged in fund rais-ing and deal generation. Ultimately, I’ll beserving as a board member for portfolio com-panies. My concentration is in enterprise soft-ware companies, both infrastructure and busi-ness application software.
A.L.: Why did you take the VC route atthis stage of your career?
B.B.: Having been with three startups insuccession, I saw this as an opportunity toapply my experience to more than one compa-ny at a time. Young technology companies areby definition exploring new territory, butthere’s a lot that they have in common, too. Isee myself as being able to help them with theevolution of their businesses. This also givesme a chance to work with Eric Jones and DickMoeller again. We were together at TexasInstruments in Austin, and I admire the wayboth of them approached venture investingfirst at SSM Ventures and now at Verity. Theyinvest a great deal of themselves in helping tobuild great companies, and that’s how I envi-sion my contribution.
A.L.: You already have a track record forbuilding industry and philanthropic organiza-tions that make a difference. Talk about theAustin Entrepreneur’s Foundation, of whichyou’re current chairman and a co-founder.
B.B.: We started AEF two years ago sothat young companies could be involved inAustin’s future almost from their inception.Member companies donate stock to AEF.When the startup makes a public offering or isacquired by a public company, AEF exercisesthe donated options. With the foundation'shelp, the company decides which Austin non-profit organizations receive the cash donations.It’s my experience that employees and man-agers take a great deal of pride and satisfactionin volunteerism and building a healthy com-munity and that corporate giving makes a dif-ference in recruiting and retention. AEF hasreceived equity contributions from more than100 startup firms. It’s a win-win.
A.L.:Describe the sta-tus of the localsoftware indus-try.
B.B.: The software industry in Austin andthe surrounding area is in great shape.According to the Chamber of Commerce,there are around 800 independent softwarecompanies. Some are bell weathers like Tivoli,BMC Software, and Vignette, and I expectthat in the next five to ten years we’ll see morereach that stature, making Austin a softwareleader for the nation.
A.L.: Why did you get involved with theAustin Software Council?
B.B.: I left Austin in the ‘80s to workwith Convex Computer Corporation (now asubsidiary of Hewlett-Packard). When Ireturned to Central Texas in 1994 to workwith Tivoli, I was stunned by the appetite ofthe local entrepreneur community for informa-tion that would help them launch and growcompanies. The Council has been a leader intailoring its services for this audience, and it’smade a significant contribution to the hightech scene in Austin and the region. We needto sustain an active membership and thefinances to continue to deliver educationalprograms.
A.L.: What did being a paperboy teachyou that’s still operative today?
B.B.: That success comes from applyingeffort and staying dedicated. You can make alot of luck that way.
Adrienne Lallo is a manager in the Austinoffice of Niehaus Ryan Wong Public Relations,Inc. (NRW), a leader in promoting emergingtechnology companies.
The Leader
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Membership in the Austin Software Council isnot only an opportunity to network in thehigh tech community and participate in educa-tional programs and seminars, it offersmembers discounted services that can meanreal company savings. Among the companiespartnering with the Council to deliver suchservices are ADP and InsureHiTech.
Sue Younglove, comptroller for TriActive,Inc., has been using ADP for 18 months tohandle all of her human resources needs.Because TriActive does not have an HRdepartment, Sue depends on the servicesoffered by ADP to manage the many require-ments for 78 TriActive employees across thecountry. ADP, which offers an extensive rangeof employer services, handles TriActive’s pay-roll, as well as the cumbersome task of filingmultiple state taxes.
"They do all the employee taxes for you in dif-ferent states," said Sue. "I go to the ADPwebsite and download all the forms I need fora new state. It used to be horrendous; now ittakes 30 minutes. I set it up, and ADP files it.It’s a huge time-saver."
ADP reconciles the taxes each quar-ter and handles all compliance testingfor benefits requirements. ADP alsooffers add-on packages that are life-savers according to Sue. ADP’spersonnel database stores all ofTriActive’s employee informationfrom birthdays and t-shirt sizes toemergency contact information. Sue can easilyadd or update information and create newdatabases and reports to keep track of employ-ees. ADP’s HR software helps her track andhandle employee reviews, and ADP’s 401(k)program manages employees’ retirementinvestments. Sue says it is more affordablethan other major 401(k) vendors and it han-dles all the compliance testing for her.
With the 10% discount offered to Councilmembers, TriActive is saving a significantamount of money using ADP.
"It is cheaper to use ADP for payroll and pay75% of employee benefits than it was to usethe competitor for payroll alone," said Sue.
Scrutable Systems, Inc. also is benefiting fromthe Council's member services. Scrutable
Systems signed upfor InsureHiTech, aninsurance provider,approximately fivemonths ago, afterlearning about theservice at a monthlymeeting. Now ituses InsureHiTechfor general liability aswell as worker’scompensation insur-ance."The switch gave usa better package—insurance andbenefits at substan-tially lower prices,"said Syd Black, vicepresident of market-ing at ScrutableSystems. "We areextremely pleasedabout the servicesthat they provide andwith their level ofpersonal and profes-sional service."
Syd says thatScrutable Systems isnow getting twicethe coverage for halfthe price; moreover,InsureHiTech wentout of its way to
structure the insurance coverage aroundScrutable Systems' needs.
Another plus is using a vendor recommendedby the Council. "When you meet someonethrough the Council, and you see them takingthe time to establish themselves, it builds alevel of trust," said Syd. "The Council hasdone some due diligence in selecting preferredvendors. It gives us a solid starting point, andwe also get feedback from other members."
The security of choosing a vendor through theCouncil has paid off for Scrutable Systems, notonly monetarily but also in quality of service."The people that work there are super helpfuland friendly," said Syd. "We’ve been verypleased."
Other services offered through AustinSoftware Council include preferred long dis-tance rates through SmartPrice.com; reducedrates for advertising and online job postingsfrom the Austin Chronicle; assistance withglobal market penetration from ForeignBusiness Management Consultants; payrolland benefit administration throughBenefits.com; and specially discounted officefurniture sales and rentals, commercial mov-ing, and installation and facility managementservices from Rockford Business Interiors.
~~~~~~~~~~~~Scrutable Systems is a leading developer ofautomated testing systems for a wide range ofB2B and B2C applications, with a focus onB2B supply chain projects. More informationis available at www.scrutablesystems.com.TriActive delivers full-range enterprise systemsmanagement to mid-sized IT organizationsusing the innovative MSP subscription model.TriActive Systems Manager integrates andautomates routine systems management func-tions for desktops, servers, and networks,focusing on simplicity, affordability and rapidbenefit, providing solutions directly to cus-tomers as well as through business partners.More information is available at www.triac-tive.com.
Julie Sparks is an account team member in theAustin office of Niehaus Ryan Wong PublicRelations, Inc. (NRW), a leader in promotingemerging technology companies. [email protected].
Council Members Save Money andTime with Membership ServicesJulie Sparks
IInntteerrnnaattiioonnaall RReessoouurrccee GGuuiiddee
TThhee PPoowweerr ttoo GGlloobbaalliizzeeThe Greater Austin Chamber of Commerce International Resource Guideprovides thorough contact information for international experts,businesses, and organizations in Austin. It also contains various articleswritten by area international specialists updating current legal andregulatory policies, local markets, politics, culture, and more. You areencouraged to list or update your company's contact information orsubmit educational articles on international topics free of charge.
The International Resource Guide can be purchased at the Chamberoffices or online at: www.austinchamber.org/The_Chamber/About_The_Chamber/The_Store. For more information or to inquire aboutadvertising opportunities in the Guide, please contact Traci Solomon atthe Chamber at 322-5608 or by email to [email protected],or Dr. Kewal K. Verma of BCA International at 292-8351 or by email [email protected].
““The Council has done some due diligence in selecting preferredvendors.””
Syd BlackVP Marketing, Scrutable Systems
Are you concerned about the future ofCentral Texas? Would you like to give backto the community, but can’t seem to findenough time? Are you interested in gettinginvolved with an issue, but don’t knowwhere to start? Perhaps the Austin IdeaNetwork is for you.
The Austin Idea Network is a group of hightech entrepreneurs and community leadersdedicated to improving the quality of life inCentral Texas by helping relieve some of thestrains caused by the region's growth. TheIdea Network, in partnership withMcKinsey & Co., created a framework tomobilize leaders in the technology commu-nity to lead projects that meet clearlyarticulated guidelines. The Network’s goalis to have a rapid, measurable impact onsome of the most important challenges ourregion faces.
"We recognize that it is imperative to stepup to our community responsibility andhelp preserve this region’s quality of life,"said Peter Zandan, chairman of Pazzaz andco-founder of the 360 Summit and theAustin Idea Network.
The Idea Networkworks in collabora-tion with existingcommunity organi-zations, many ofwhich are eager totap into the energyand intelligence ofthe tech community but don't know whereto start. "We'd like to say ‘Start with us,’"said John Thornton, general partner ofAustin Ventures.
Currently the Austin Idea Network is work-ing with organizations including the CapitalArea Training Foundation, Clean Air Force,Katapultz, University of Texas GraduateSchool of Business, Computers forLearning, Environmental Defense, andmany others.
The Network provides research on bestpractices in a given issue area, access toleaders in the technology community whoare otherwise difficult to reach, and over-sight by the committed leadership group.Together with community leaders, theNetwork scopes a project that can havemeaningful results in 12 to 18 months,recruits someone from the tech communityto help co-lead the project, and agrees onthe metrics that will indicate success.
The Austin Idea Network has a straightfor-ward, project-oriented approach that avoidsduplicating the work of existing groups. By
using specific filters, the Network prioritizesand chooses projects that have compellingcommunity need and that inspire passion inthe high tech community.
At the 360.01 Summit in January, theAustin Idea Network announced four pro-jects to impact education, social equity, andthe environment: StrengtheningEducational Resources in East Austin;Increasing Access to Technology;Improving Air Quality and ReducingTraffic; and Creating More AffordableHousing and StrengtheningNeighborhoods. For information about theprojects visit www.austinideanetwork.org orcall 512-477-9001.
The Network has volunteer and investmentopportunities for local technology leaders.Volunteers may choose to be active in thedesign and execution of a project by joininga Working Group or Task Team. These areone-year commitments that require severalhours per month. Individuals may join aWorking Group to work alongside commu-nity experts to plan, execute, and evaluate astrategy for each project. Task Teams are
formed regularly to carryout specific parts of eachproject.
There are also opportu-nities for one-timecommitments such ashosting a "commutesolutions" fair at your
firm to encourage employees to try alterna-tive methods of getting to work, speakingto college students about career opportuni-ties, or participating in a neighborhoodclean-up. Volunteers are also needed forresearch, business planning, and fundrais-ing. Individuals, companies, andfoundations are invited to become AustinIdea Network founding investors.Opportunities are also available to fund spe-cific projects.
Dell Ventures’ Tom Meredith chairs theNetwork’s 2001 Executive Board. JohnThornton (Austin Ventures), Peter Zandan(Pazzaz), Betty Otter-Nickerson (Elegiant),Jan Lindelow (IBM), Robin Rather(Mindwave Research), Patricia Hayes(Seton Healthcare Network), Dean EdwinDorn (LBJ School of Public Affairs,University of Texas at Austin), and GaryValdez (Focus Strategies) serve on theExecutive Board.
Austin Idea Network’s Executive DirectorKristin Gossett can be reached [email protected].
The Austin Idea Network:Projects that Inspire PassionKristin Gossett, Austin Idea Network
““…it is imperative to step up to our community
responsibility…””
Come gather 'round AustinitesTechies you-allSo what that our new _-con--omy’s stalledDon’t worry too soonDon’t run scream down the hallAustin’s tech days are still bloomin’Your dreams are still realIn a wide open fieldAnd our e-conomy’s just a’changin'.
Come gurus and criticsWho pre-dict with your pensKeep your eyes wideOur chance –will- come againDon't gloat too soonWe’ve just begun to beginRe-member we’ve still got game hereFor some losers just nowWill later win bigOur e-conomy is just a’changin'.
Our tale ain’t yet toldThe Players aren’t castOur town’s still got powerAnd we can run fastAnd –wet- stock options Will later yield cash!The doldrums soonWill be fadin'.So eat, (drink) be merryYou don’t have to fast!Our e-conomy’s just changin'.
” 2001 Henry W. Jones, III; [email protected]. Idea courtesy of C.J.("Kerrville") Brandt.
The lyrics to this song were debuted at theApril 20, 2001 Fourth Annual 'Players'Entertainment & Awards event sponsored bythe Technical Business Network to celebrateentrepreneurial achievement in the Austintechnology community.
Hank Jones is an attorney with law firmFulbright & Jaworski LLP and former ASCProgram Committee activitist.
New Beginnings - A Member RespondsLyrics by Hank Jones, Fulbright & JaworskiSung to Bob Dylan's "The Times They AreChanging"
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Although the technology sector is experienc-ing a slowdown, lawsuits relating to electroniccommerce and Internet business transactionsare on the rise, particularly litigation relatingto advertising on the Internet. Most often,these lawsuits allege that online companieshave engaged in unfair or deceptive acts orpractices in advertising or have failed to honorwarranties contained in advertising or impliedby law.
FTC Guidelines
Civil lawsuits are not the only pitfalls for com-panies that advertise online. Since 1994, theFederal Trade Commission, which has jurisdic-tion over advertisements for products andservices, has brought over 100 enforcementactions to stop fraud and deception online.For example, the FTC is empowered to
o issue orders to cease and desisto levy fines up to $11,000 per violationo direct refunds to consumers who purchasedproducts or serviceso order corrective advertising, disclosures, andother informational remedies
The FTC has established a specific set ofguidelines for online advertising, Dot ComDisclosures, which can be found atwww.ftc.gov/bcp/conline/pubs/buspubs/dotcom/index.html. Briefly, all disclosures inonline ads must be "clear and conspicuous."To determine whether they indeed are, a con-sumer's overall impression of the ad—how aconsumer actually understands disclosureswithin the context of the entire advertise-ment—must be determined.
In evaluating whether a disclosure is clear andconspicuous, the FTC (and civil courts) con-sider the following:
1. The proximity and placement of a disclosure
One of the principal concerns here is whethera disclosure appears on the same screen as theclaim or product information to which itrelates. If scrolling is necessary, advertisersshould consider whether consumers are likelyto do so. One tip is to use text or visual cuesto encourage consumers to scroll, but a scrollbar on the side of the screen is usually not aneffective visual cue. If a hyperlink to a disclo-sure is used, it is important to convey thenature and relevance of the information towhich it leads. Remember also that disclosuresmust be communicated to consumers beforethey make a purchase or incur an obligation.2. The prominence of a disclosure
Disclosures must be prominent and noticeable.Advertisers must consider the size, color, andgraphic content of disclosures compared toother parts of the website. In short, disclo-sures can't be buried.
3. Distractions from the disclosure
Certain elements of the website that containsthe advertisement, such as sound, graphics,text, banners, or hyperlinks, might result in aconsumer not noticing a disclosure.
4. The need to repeat the disclosure becausethe ad is so lengthy
Obviously, repeating a disclosure makes itmore likely that a consumer will notice andunderstand it. Keep in mind that consumersmay access a site at different locations usingsearch engines or linksfrom other websites.Also remember that ifclaims are repeated sev-eral times in an ad, thenqualifying disclosureswill also need to be repeated in connectionwith those claims.
5. The inclusion of an audio/visual format
Many Internet advertisements contain videoclips, audio recordings, or animated segments.For audio messages, the disclosures shouldalso be in audio form, with adequate volumeand cadence. If information is presented in avideo format, disclosures should likewiseappear in a video form long enough to benoticed and understood by the consumer.
6. Language that is understandable to theintended consumer
Advertisers should use clear language andavoid technical jargon and syntax.
It is strongly recommended that all businessesthat advertise online consult the FTC's DotCom Disclosures publication. Other usefulpublications available from the FTC include
o Frequently Asked Advertising Questions: AGuide for Small Businesses(www.ftc.gov/bcp/conline/pubs/buspubs/ad-faqs.htm)
o Advertising and Marketing on the Internet:Rules of the Road(www.ftc.gov/bcp/conline/pubs/buspubs/ruleroad.htm)
WarrantiesOnline advertis-ers should alsobe aware ofwarrantieseither expresslycontained in their advertisements or impliedby law. Most states, including Texas, implytwo types of warranties in consumer transac-tions: the implied warranty of merchantabilityand the implied warranty of fitness for a partic-ular purpose.
Implied Warranties
The implied warranty of merchantability is amerchant's promise that products will do whatthey are supposed to do and that there is noth-ing substantially defective about them. Theimplied warranty of fitness for a particular pur-
pose is a seller's promisethat a product can beused for the specific pur-pose for which it isintended or advertised.Depending on the juris-
diction, claims of breach of a warranty must bebrought within four years of the date of pur-chase. This is the law in Texas.
Online advertisers may disclaim implied war-ranties, but such disclaimers must be displayedclearly and conspicuously. All of the FTCguidelines outlined above apply fully to dis-claimers of these two implied warranties.However, some states—Alabama, Connecticut,Kansas, Maine, Maryland, Massachusetts,Minnesota, Mississippi, New Hampshire,Vermont, Washington, and West Virginia—and the District of Columbia do not allowproducts to be sold "as is," and therefore dis-claimers of warranties are not effective Of course, even if you are permitted to dis-claim warranties for a product that ultimatelyproves to be defective or dangerous and causesinjury to someone, you will still be liableunder the general principles of product liabili-ty. Finally, federal law prohibits disclaiming animplied warranty on a consumer product if awritten warranty is also offered for the productor if a service contract is sold in connectionwith the product.
Express Warranties
Express warranties are those explicitly con-tained in an advertisement or otherwisecommunicated to customers during a salestransaction. Many such warranties are gov-erned by a federal statute, the Magnuson-MossWarranty Act.
The act does not require written warranties.
Internet AdvertisingGuidelines, Or ‘The Law of Fine Print’W. Stephen Benesh, Bracewell & Patterson, L.L.P.
““All disclosures … must be‘clear and conspicuous’.””
The Leader
8
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However, once a seller decides to offer a war-ranty, it must comply with the act. The actapplies only to written warranties, includingonline warranties that appear in an electronicformat. The act applies only to goods, not tothe sale of services. Finally, it applies only towarranties on consumer products, notto products sold for resale or for com-mercial purposes.
The FTC has adopted several rulesunder the Act that should be noted:
o If written warranties are provided byan online advertiser, implied war-ranties cannot be disclaimed ormodified. However, if you offer a"limited" written warranty, impliedwarranties may be limited to the sameduration.
o All warranties must be designated orentitled as either "full" or "limited."
o Certain specified information aboutthe coverage of the warranty must be stated ina single, clear, and easy-to-read document.
o Sellers must ensure that warranties are locat-ed where consumers can read them beforebuying or incurring an obligation.
o Tie-in sales provisions are not allowed.These are provisions that would require abuyer to buy an item or service to use withthe warranted product to be eligible to receivea warranty for the product.
Further information on the scope of theMagnuson-Moss Warranty Act and guidelinesfor warranties can be found in two FTC publi-cations:
o The Businessperson's Guide to FederalWarranty Law(www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm)
o Writing Readable Warranties(www.ftc.gov/bcp/conline/pubs/buspubs/writwarr.htm)
As competition in the high tech sectorbecomes keener, especially in light of thetightening economy, it is likely that onlineadvertisers will increasingly push the envelopeto gain a competitive advantage. Cognizantof this, the FTC has stepped up its efforts tocurb Internet advertising abuses. Onlineadvertisers are best advised to make all state-ments, disclaimers, and representations intheir advertising "clear and conspicuous" inevery way.W. Stephen Benesh is a partner in the trial sec-tion of Bracewell & Patterson, LLP's Austinoffice, which serves as General Counsel to theAustin Software Council. Mr. Benesh engagesin commercial and technology litigation and isa member of the law firm's InformationTechnology & E-Commerce (ITEC) Group.Mr. Benesh may be reached at [email protected].
3Q01
9
The Leader
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Austin Usability, Inc. has moved to new officesat 1707 Nueces St., expanding its lab facilitiesfor software and website usability testing.
AVTEC Corp., owner of Violet CrownTeleCom Center, has lease spaces availablefrom 1,000 to 6,000 square feet with redun-dant broadband fiber. With T-1 to DS-3fault-tolerant connectivity, this space is ideal forserver farms and tier-2 data centers (visit 6600North Lamar or www.vcc.austin.com).
Kewal Verma, president of BCA International,recently visited software companies in India.BCAI offers outsourcing project/programmanagement, especially offshore softwaredevelopment, supplier development and evalu-ation using benchmarking and competitiveanalysis tools, technology development andtransfer, and product management, to the hightech industry.
BigLever Software recently released the firstcommercial product for developing softwareproduct lines by software mass customization.Companies such as Hewlett-Packard and Nokiahave reported using this approach to gainstrategic business advantage, but BigLever isthe first to offer this capability off the shelf.
BroadJump, Inc., the leading provider of soft-ware solutions for broadband services, hasannounced Bell Canada's adoption ofBroadJump's Virtual Truck® family of prod-ucts for its Sympatico DSL service. Thedeployment by Canada's largest Internetservice provider marks BroadJump's foray intointernational markets.
Commtouch, the global leader in outsourcedemail and messaging, has added HostedExchange 2000 to its service solution platform.Commtouch also offers an array of web-based,open standards email for ISPs, ASPs, telcos,VARs, and CLECs as well as direct enterprises.
Since 1989, DataNet Systems has providedinformation system efficiency and productivityimprovements to Greater Austin businesses; itnow offers SecureInfo security consulting andsolutions. Contact John Braymer at 512-335-7900 x117 for a free one-hour consultation.
Embrace Software has established an EnterpriseConsulting Practice with Ash Khorana, certi-fied SAP/FICO consultant, serving as practicedirector; Sridhar Mahadevan, a Siebel and SAPcertified consultant, as senior CRM consultant;and Shajid Mohammed, as CTO and develop-
ment manager.
Kasey Rasmussen has joined Hayes SoftwareSystems as director of marketing. Her enthusi-asm, creativity, intelligence, and charm areexpected to accelerate Hayes' decade-longgrowth in the education administration soft-ware market.
Impart Technology recently announced itsEmbedded Communications Broker andApplication Developer Toolkit products.Impart provides embedded software for mobiledevice connectivity. With these products,Impart enables peer-to-peer communicationfor diverse devices—Win/CE devices talking topalm devices, palms to vending machines, cus-tomized hand-helds to forklifts.
InfoGlide, a provider of fraud detection andalias identification software, has changed itsname to Infoglide Software to better reflect itsmarket direction as a software developer. Thecompany's flagship search technology software,Fraud Investigator, is designed to detect fraudfor property and casualty insurance, financialservices, healthcare, and e-business companies.Infoglide Software is backed by AM Fund,Conning Capital Partners, Intersouth Partners,and Marsh McLennan Capital.
Ed Roman, CEO, and Chad Vawter, seniorarchitect, The Middleware Company, presenteda white paper on .Net vs. J2EE to over 1,000at the Sun JavaOne Conference in SanFrancisco. Ask for a copy [email protected].
Momentum Software, the wireless and e-busi-ness services powerhouse, recently completedkey project milestones with customers, includ-ing BMC Software, MyDoc Online, and TheCobalt Group, and has also opened its office inDallas. In addition, Momentum has expandedits wireless services alliance with AGEA andweb services offerings with IBM.
Austin-based NAMESTORMERS offers a freebrand naming guide on its website:www.namestormers.com. The guide includes achecklist for "do-it-yourself" name develop-ment, techniques and tools for naming, a list ofinexpensive resources including books and soft-ware, hotlinks for trademark research, andadvice on name testing.
NetQoS is offering a free evaluation ofNQVisionQuest, a software enabled servicethat helps clients optimize network and appli-
cation performance by analyzing the traffic onthe network and providing recommendations.To see how companies such as Schlumbergerand TXU are improving application perfor-mance while reducing network cost, visitwww.netqos.com/solutions.
nHand Solutions, Inc. specializes in handheldbusiness solutions for enterprises, focusing onconnecting a company's two most valuableassets, people and information, wherever theyreside. Newest applications are in hospitalhealthcare, public safety, energy, and qualityassurance.Partnerware announced its new PartnerwareInsight solution, the first integrated platformsolving the fundamental challenges of collabo-rative business. By focusing on core issues likepartner performance and retention, partneringprocess optimization, and enterprise systeminteroperability, Insight achieves superior valuefor mission-critical operations.
Reciprocal, Inc. has recently been recognizedby technology analyst firm IDC for its marketleadership in the burgeoning DRM and digitaldistribution services industry. IDC’s June 2001report projects the worldwide DRM market(which includes entertainment, software andtext, among other industries) to increase at acompound annual growth rate of 106% from$96 million in 2000 to more than $3.5 billionin 2005.
In June, SDL International, a leading providerof globalization technology and services,announced SDLWebFlow™ 3.0, a multilingualcontent management system that offers real-time translation capability, content transfer APIwith automatic change detection and notifica-
Member News Briefs
3Q01
11
tion, increased throughput, and multi-thread-ed security features.
Shapiro Consulting Group, Inc. expects torelease its first software application, AsivaPhoto, in September 2001. This Mac-basedcolor correction and image enhancementapplication allows users to efficiently color-editand enhance images without time-consumingmasks.
Recently, SmartPrice.com launched its SmallBusiness Service, helping small businesses savemoney on long distance. Shortly after launch-ing this new service, SmartPrice closed ontheir series B round of funding, which will takethe company to profitability late next year.
TriNet, an online and in-person provider ofhuman resource solutions, successfully com-pleted its online 2001-2002 benefitsenrollment for 10,000 customer employees.TriNet accepted both employee enrollmentsand company funding strategies by its HR por-tal. Managers and employees could modeltheir choices and play with options before
making a final selection.
Valeo Consulting Group announced itsEnterprise Leadership Series. This series ofprograms releases the energy, creativity anddrive of an entire organization, beginning withexecutive management and extendingthroughout the company’s managerial andteam leadership to include every employee. Seewww.valeoconsulting.com for more informa-tion.
On July 9 in New York City, VIEO held itsinaugural media roundtable, InfiniBand(TM)and the Future of Computing. With VernonTurner of IDC moderating, industry visionar-ies from BMC Software, ExaNet,Hewlett-Packard, Intel, OneLiberty Ventures,and VIEO examined how the new InfiniBandI/O technology will reshape tomorrow's datacenter.
Virtualcfo has broadened its service offeringfrom start-up high tech companies to emerg-ing growth companies and those in need ofpart-time financial services because of down-
sizing. For more information, [email protected].
WorkplaceToolbox.com recently launched itsonline service providing point-and-click solu-tions to businesses using the web. The onlineconsultant provides guidance and tools on avariety of topics central to creating a strongcompany culture including job descriptions, afree employee manual, mission/vision state-ments, performance reviews, coaching lessons,and more.
Zilliant, Inc., a leader in strategic pricing man-agement, is opening new offices in Boston,Houston, and San Francisco. Zilliant has hiredRob Levine, Sam Rose, and Sarah Lewis tomanage these new locations and brought onboard a new vice president of marketing, PeteEppele.
www.us.kpmg.com
In turbulent business times, everyone depends on information. And if your information systems are compromised, the results to thecontinuity of your business could be devastating. Our Information Risk Management services are ready to help you manage andprotect the security, integrity, availability and reliability of your information systems. Just think of it as a lifeline in a dangerous world.For more information please call Craig Morgan, Principal, at 512-320-5205.
©2001 KPMG LLP, the U.S. member firm of KPMG International, a Swiss association.
Managinginformation risk
can causesome waves.
The good newsis, we’re already
on board.
You may needhelp surviving
them.
Keys to PersonalLeadershipInitiative and Self-RelianceJim Ronay, Jump.net
As business owner, consultant, teacher, andcoach, I’ve absorbed and exchanged a greatdeal of knowledge on leadership. I've dealtwith goal setting. I've stressed the power ofaffirmations. I've extolled the necessity ofenthusiasm. I've shared the importance ofbuilding on the basics, belief, winners andlosers, time organization, prospecting, positiveexpectancy, and personal freedom. I’ve dissect-ed, synthesized, and analyzed leadership traitsgleaned from both my own experience andthat of many others. Perhaps the single, mostdifficult lesson of leadership is that it is rootedin accepting personal responsibility.
Personal responsibility involves many compo-nents. Foremost among them are initiative andself-reliance. Without initiative and self-reliance, goal setting, as a leadership tool, is anexercise in futility. Affirmations become amockery. Prospecting is just card shuffling.Enthusiasm degenerates into play acting.
Without initiative and self-reliance, the basicsof leadership remain theories. Without initia-tive and self-reliance, you may recognizewinners, but you will never join their ranks,time organization becomes planned procrasti-nation, positive expectancy becomes wishfulthinking.
How can you recognize a leader with initia-tive? He or she is the person who looksaround, sees a need, and takes action withoutbeing told what to do or when to do it. Suchpeople receive the most rewards, the highesthonors, or the greatest respect from peers.They also accept the fear that comes with risks,calculated risks.
Some people do exactly what they're told, cor-rectly, the first time they're told. And they dovery well. I would say they were successful,even winners. Then there are those who dothe right thing only when someone pushesthem, more or less super-vising and monitoringtheir every act. Finally,there are some who won'tdo what you tell themeven after you show themhow. Initiative, on theother hand, allows you totake charge of your ownlife, wind your own clock,choose the music you'llmarch to, pull your ownstrings.
In sales, one who exhibits initiative and self-reliance is called a self-starter. No one needs totell self-starters what time to get up and go towork or how to sell. If they’re in an unfamiliarsituation, they ask questions. Instead of fol-lowing the rut in the road, they change thefield of play.
Leaders know that when you exercise initiativeand self-reliance, your life has purpose anddirection. Instead of waiting for some outsidecircumstance to give you a high, you createthe change youwant or needyourself. Leadersget a high byaccepting per-sonalresponsibility and taking change.
How can you develop initiative and selfreliance?
Consider the following suggestions:1) Start a written goals program to developthe courage and will to expand your initiativeand self-reliance no matter what others think,say, or do. Keep it simple, review it daily, andtrack your progress. 2) Write an action plan about something youwant to lead and spend at least 10 minutesevery day on that plan. Do it for every area ofyour life. If you do nothing more than just read it every day, that's still an affir-mation, spaced repetition, getting it from yourconscious into your subconscious. 3) Take the steps in your plan of action. Greatplans and fantastic goals are worthless unlessthey are translated into daily activity. And thentrack your progress. That’s personal leader-ship.
Leadership is a way of thinking, a way of act-ing, a way of living. It’s learning to obey your
impulses. About 35 years ago,my mother sent me an articleby William Molten Marstenthat she read in an April 1941issue of Readers Digest.Here's what Marsten said,"...most of us actually shuffleenough good impulses duringthe course of a day to changethe current of our lives andthat of others. We stifle them,shuffle them, sort them, wedon't do anything with them.
We just kind of avoid them.These inner flashes, theseimpulses, light up the mindfor an instant, then content-ed in their afterglow, welapse back into routine, feel-ing vaguely that sometimewe might do somethingabout them or that at leastour intention was good."
Leaders grab these impulsesand examine them, talk
about them,and act onthem.
Marsten goes on to say, "...inthis inaction we sin against the
inner self, for impulses set up the lines of com-munication between the subconscious mindand daily action."
It's the old subconscious talking to us. Leaderslisten and act.
William James said, "Every time a resolve or afine glow of feeling evaporates without fruit, itis worse than a chance loss. It works to hinderfuture emotions from taking a normal path ofdischarge. Thus we fail to build up the powerto act and affirm and prompt the infinitesources of the principle energies of life."
In other words, whenever you do not take theinitiative to act on inner impulses you becomea lesser person for it. You've just lost a little bitof your power. What Marsten said in his articlerecognizes a basic truth: the exercise of initia-tive is a direct function of your self-image,which is the essence of leadership.
If you have a good self image, if you knowwho and what you are, and if you can confi-dently distinguish between yourself and youraction, you can act with initiative. However, ifyou believe that your actions and yourself areidentical, you fear to act.
The truth is that if you, as a leader, never makea mistake, miss a sale, experience rejection, orfail in a project, then you are not taking posi-tive action. That's when you are truly a failure.When you obey impulses, do it now, and riskrejection or failure, you'll make mistakes. Iabsolutely guarantee it. It's inevitable. You'llmiss sales, you'll suffer failures, but you willalso experience outstanding and extraordinary
12
““…your self-image…is the essence of leadership.””
The Leader
Life Searching forLeadership Leads to ASC “University”
13
success as a leader. You will notbe the same person you were yes-terday. You will be an expandedperson...in every area of your lifesimply because you obeyed animpulse and took initiative andaction today.
When a successful leader wasasked "What helped you over-come the great obstacles of life?"he answered, "The other obsta-cles". Learning from mistakesand failures is more valuable thananything you can read in a manu-al or listen to on a tape or hear at
school because it comes from within. When you failto act, you make the greatest mistake of all - themistake of inaction.
James Allen in "As A Man Thinketh" captured thisbest: "In all human affairs, there are efforts andthere are results. And the strength of the effort isthe measure of the result. Chance is naught. Gifts,powers, materials, intellectual and spiritual posses-sions are the fruits of effort. They are thoughtscompleted, objects accomplished, visions realized.The vision that you glorify in your mind, the idealyou enthrone in your heart, this you will build yourlife by, this will you become."
Long associated with the Austin Software Council,Jim Ronay has devoted the last 35 years to leadership,collaboratively initiating and managing numeroussuccessful companies both domestic and international:Synergistic Solution Technologies, PEAKSolutions,Pisces International, USBrazil Corporation, VanDusen Aircraft, and Transportation Systems. He haslead, managed or assisted growth in more than 200businesses from Fortune 100 to startups, including3M, MaxServe, Bethlehem Steel, EXXON, AmericanIron & Supply, Standard Aero-Canada, Pan Am,Northwest, Republic, and North Central Airlines.He can be reached at [email protected].
3Q01
At the age of two, I was abandoned by myparents who immigrated to the UnitedStates, leaving me with my grandmother.Although I stayed in her home, I was main-ly brought up by baby sitters and my daycare center teacher. On the first day of sec-ond grade, I found a 50 Taiwanese dollarbill and a key my grandmother had placedon the coffee table the night before. Fromthat day on, I got myself ready for schooland paid for all mymeals because therewould be no morebaby sitters and mygrandmother wouldbe out living her ownlife. I realized thenthat the only one I could depend on wasmyself. That’s when I became a student ofleadership in life.
When I was fifteen, I was reunited with myparents in the United States. I gave up allmy friendships, scholastic achievements, lan-guage, and culture to journey to this land ofopportunity. Starting over in a strangeenvironment was difficult. I changed highschools five times in three years. Eventuallyattending Rensselaer Polytechnic Institute, Ihad to finance my own college expenses.But now that I have settled down in Austin,I have finally found a place that I love and aprofession that I am passionate about.
Getting involved with the Austin SoftwareCouncil has been one of the best decisionsof my life. This is not because we get tonetwork with all the movers and shakers inAustin’s high tech industry and not becausewe have the chance to learn what’s techni-cally evolutionary in today’s marketplace.The reason is the ASC "University"Leadership Department. Its series of work-shops and seminars teaches us the true wayto lead in our organization, in our family,and most importantly in our lives!Throughout my life, I have searched for"something" that could spell out leadershipin black and white. Now I believe that I’vefound it.
We manage systems, but lead people. Intoday’s volatile marketplace, many CEOslack true leadership to help their teamsendure this rough ride. I understand thatvarious factors contribute to the success ofan organization. However, the most impor-tant is still leadership. It doesn’t matterwhether you are in a high tech or old techbusiness. It doesn’t matter whether you arein the hardware or software business. It’speople who make the difference in an orga-nization. I would like to share a couple ofpoints that I’ve learned from the ASC
"University"LeadershipDepartmentabout a trueleader:
Vision – Agreat leader always knows where he is goingand he works backwards to achieve hisvision by goal setting and executing.
Passion – Business is like a sport.How much heart you have deter-mines how far you can go.
Courage – Sometimes a leader needsto make tough decisions and suffer
some short-term pain to have a long-termgain. Are you willing to pull the trigger?
Compassion- If you don’t care about yourtroops, they will never care about you andyour vision.
Consistency- Never have a double standardin your organization.
Determination- Never give up, never giveup, never give up!
Firm- Stand by your decision.
Fair- Pull all factors together when evaluat-ing your people.
Communication – Above all, if you can’tcommunicate your vision, passion, andcourage to your people, be willing to listento their needs and have an open architec-ture for your organization; everything elseis pointless because your people will notrecognize their own importance and willnot believe that they can make a differencefor the organization.
Of course, there are numerous other char-acteristics of being an admirable leader.However, I believe that as long as I contin-ue to be a faithful student in ASC"University" Leadership, I will find thesecharacteristics and they will eventually growin me. I needed leadership at a young age,and now I need it even more because mydream is to run a multi-million dollar oper-ation within Merrill Lynch in the mostefficient and profitable way. Many peoplehave told me that it takes a good 15 to 20years to build a dynamic leader. That's o.k.I’ll be 26 next March. Bring it on!
Jonny Huang is a financial advisor atMerrill Lynch. He can be reached at 512-397-1869.
““People…make the difference.””
In the wake of the recent technology melt-down, how does a new software developmentcompany convince wary venture capitalists andlenders that it presents a solid funding oppor-tunity? Certainly, perfecting your business planand developing a profitable product or servicewill increase your chances of getting a foot inthe door. But securing assets in a technologyescrow account is one of the easiest ways toassure lenders that an investment in your com-pany is a worthwhile venture.
Creating Tangible AssetsWhen a company wants to secure financingusing its technology as collateral, lenders aretypically reluctant to accept this asset as a sure-ty. For an asset to be acceptable collateral to alending institution, it must be identifiable andtransferable. Other difficult conditions mustalso be met for intellectual property, such assoftware, to qualify as a basis for debt financ-ing. For example, the rights necessary tocomplete an ownership transfer and the propermaterials for use in ongoing maintenance anddevelopment must be readily retrievable andtransferable. An account set up with a technology escrow
company allows the lending institution accessto the physical asset as collateral against a loandefault. The escrow deposit contains thesource code, documentation, firmware,schematics, and any other pertinent informa-tion that the lender needs to secure thetechnology as collateral. Technology escroweliminates any ambiguity about what thelender really owns if the developer defaults.To give surety to the lender about its position,the escrow agreement should include the abili-ty to execute a TX copyright transferdocument. This document allows the lendinginstitution to take ownership of the technolo-gy under default conditions. This is the sameprocess that applies when a bank repossesses acar if the buyer defaults on a loan.In addition, consider requiring that the escrowfirm technically verify the deposit, which willensure the validity of the materials depositedin escrow. A proper deposit verification willhelp assure the lender that the materials inescrow are complete and functional.After the deposit verification is complete, theescrow firm will request and receive periodicupdates to the collateral deposit. To continual-ly provide peace of mind to the lender that the
deposit will have value, the escrow firm willdocument and report all update activity on theaccount to the lender.
Leverage Your AssetsEscrow accounts can also help software devel-opment companies attract investors. Forexample, the collateral provides potentialinvestors with resources to help them, in turn,attract lenders or partners for the businessinvestment. It’s one more safety net in what isnormally a high risk venture. Escrow can assist many borrowers and lendersin using technology escrow to turn an intangi-ble asset into a transferable product withcommercial viability, allowing technologycompanies to secure financing using their mostvaluable asset while providing lenders with thenecessary collateral for a loan.
Andrew Moore is a marketing director at DSITechnology Escrow Services, an Iron Mountaincompany. DSI has served more than 40,000clients worldwide, including nearly three-fourthsof the Fortune 500. For more information, callhim at (800) 962-0652.
Using Your Technology asCollateral to Secure FundingAndrew Moore, DSI Technology Escrow Services
The Leader
14
www.utexas.edu/cee/pdc
Software Testing and Quality AssuranceTuesday–Wednesday, September 25–26, 2001
High-Tech Marketing Mix: Synergy and FunctionalityTuesday evenings in October with Laura Patterson of VisionEdge Marketing
Competitive Positioning for the Global CorporationTuesday–Wednesday, October 2–3, 2001
Technical WritingThursday, October 25, 2001
Virtual Teams: How to Ensure High Involvement and Peak Performance
Wednesday–Thursday, December 5–6, 2001
Information technology certifications in MCSE/MCP, Cisco, Internet Designer/E-Commerce, A+ and Network+Ongoing classes in cooperation with New Horizons Computer Learning Center
TrainingOUTforfor
TimeTime
Companies often choose names and logos fortheir new products before applying for trade-mark protection. Foresight in choosing aname for your product line will help yourcompany avoid many potential future prob-lems, including difficulty in obtaining legalprotection. Following are some of the moreimportant factors to consider when choosing aname for a new product:
1. Avoid names that are merely descriptive ofyour product. The more descriptive the mark,the less chance a company has of acquiringrights to exclude competitors from using it todescribe their goods. For example, it wouldbe difficult to obtain effective trademark pro-tection for the name Power Plant Manager 2.0for software that manages power plant opera-tions. Something like Mega Plant Wizard 2.0would, legally speaking, be a more effectivetrademark.
2. Avoid using geographic terms.Incorporating names of cities, countries andother geographic areas will also give rise to dif-ficulty in obtaining trademark protection.
Trademarks with the terms American, Texas or Austin or other regional names will likely notbe entitled to trademark protection. Manycompanies have tried to get around this byusing a geographic term unrelated to theirproduct. This tactic doesn't work either.Brand names or marks that contain geographicterms from unrelated regions are probablygoing to be considered "deceptively misde-scriptive" and applications for such trademarkswill likely be rejected.
3. Be conscious of the multilingual impact ofyour product name. There are innumerableexamples of brand names causing embarrass-ment upon introduction abroad. Somewell-known but interesting examples includeGeneral Motors naming a new Chevrolet the"Beretta" without first getting permissionfrom the Italian gun maker, Estee Lauderintroducing its Country Mist makeup inGermany where "mist" is slang for "manure,"and Nike introducing a logo resembling theArabic word "Allah" to the offense of manyMuslims. If there is any possibility that yourproduct line may be marketed abroad, it is advisable to have someone fluent in the native
languagereview thename for unde-sirablecolloquialmeaning. 4. Do not usean insignia of the U.S., a state, or a foreignnation. Many patriotic companies have triedto incorporate the flag or other insignia oftheir country or state. This practice is notallowed; moreover, using such a symbol inyour trademark may leave the trademarkunprotected. The strongest and most easilyprotected trademarks are "arbitrary and fanci-ful" marks that bear no relation to theparticular good or service they are identifying.Examples include Monster.com and Cheer(the detergent). These types of trademarks arethe easiest to register and the easiest to defendin court. As strange as it may seem, thestrongest trademarks are, according to trade-mark law, ones that mean nothing.
Craig Russell is a trademark attorney at TaylorRussell & Russell, P.C. He can be reached [email protected]
Naming Your New Product Line:How to Avoid Naming PitfallsCraig Russell
3Q01
15
Kelly: My priority last year was to help myclients (and my company) grow their business-es as quickly as possible. Now, it has shiftedfrom IT work to focusing on writing a bookand doing consulting onpublishing/research/writing projects
Judy: Last year our priorities were to go afterthe kind of work we thought would help ourorganization grow and move our company inthe direction we wanted. They have shiftedfrom trying to open every new account inevery technology to focusing on very specifictechnologies.
Tammy: My highest priority was to balancethe work of several clients as well as maintain ahealthy life outside of work. Now it’s increas-ing business through marketing and starting asmall services company called Tirare.
Name the top three lessons learnedthroughout the downturn:
Grace: The first product release should be aveneer of what you'd really like the first releaseto be. Never manage the company beyond thecash in the bank. Don't focus all your salesefforts on the big guys.
Ed: Education and experience are both valu-able. Staying current in non-trivial
technologies is important. Talent, ability, andhonesty do matter.
Judy: Never forget the customer Have greatpartners and be loyal to them. Never believethat your comp plan won't change.
Kelly: Teamwork, enthusiasm, and great com-munication are the critical elements that willdetermine the success of every project.Dedicated teams work best. Don't be a projectmanager unless you're given the authority aswell as the responsibility.
Tammy: Realize the importance of perspec-tive...if you focus on what you do have youwill realize how little you need. Don’t baseself-worth and happiness on things external.Stay in touch and social through networking.
Dawn Evans, a business development profession-al, has spent the last year helpingWorkplaceToolbox.com develop its online strate-gies for providing point-and-click solutions viathe web. She can be reached at [email protected]
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16
Continued from page 1
w w w . p r o t e a n m a r k e t i n g . c o m
Your marketing SHOULD be
WE MAKE IT HAPPEN.
CLEAR
CONCISE
CREATIVE
CONSISTENT
COST-EFFECTIVE
512.418.9059
Spice up your technical content
Sure pictures often stave off the need for words. But they don’t replace them! Your technical differentiator still needs textual explanation.
Editors and journalists urge you to eliminate the following buzzwords from your marcom lexicon and your next press releases:
Best-of-breed ■ Leading ■ Seamless ■ Customer-centric ■ Leading provider ■ Solutions ■ Cutting edge ■ Mission critical ■ State-of-the-art ■ End-to-end ■ Robust■ Value-added ■ First-mover ■ Scalable ■ Web-enabled
So either pull out the thesaurus or find a pen to hire.
Press releases
Success Stories
The Iris Companyfacts with flair
Emily Sopensky
512.452.2448
512.452.8950 fax
Case Studies
Presentations
Technical Documentation
Ad Copy
Brochures
3Q01
17
The Leader
18
The backbone of every successful compa-
ny is its employees. Therefore, the June meet-
ing of the Austin Software Council focused on
the changes that Austin-based startups face in
recruiting top talent.
Panelists included Sam
Gassett, president,
Primus Associates; Rob
Balon, CEO, The
Benchmark Company; and Jeff Browning,
Austin Ventures.
Gassett initiated the discussion by tracing
the developments in high tech recruiting over
the dot-com era. He noted that the days
when big business lost talent to new growth
companies and when unproven management
commanded big dollars are
long gone. Gassett iden-
tified four factors that
characterize today’s market
for talent. First, big com-
panies are back in favor.
Second, risk taking and
stock options are not as
alluring as they once were.
Third, talented employees
are not so anxious to make
a move in today’s market
as they once were. Finally,
senior management does a
lot more "homework" before joining startup
companies.
According to Gassett, the current econo-
my has created a "War for Talent." Current
market trends have led and will continue to
lead to an increased talent shortage for high
growth companies. In such environments, the
businesses that succeed will be those with "the
best product and the best management team."
To win this talent war, Gassett believes that
companies need to be more creative in their
hiring, offering more flexible compensation
packages and investing more in training,
assessment, and retention programs. In addi-
tion, search firms must expand their guidelines
in their searches for talent; gather individ-
ual and industry information better; pro-
vide more effective and timely technology
for recruiting candidates; and help clients
evaluate, train, and retain
their talent.
Balon observed that the
"buzz" of Austin is another
invaluable tool to luring top
technology talent to Austin. Balon stated that
84% of tech workers see themselves living in
Austin in 5 years and that 70% would tell a
friend to move to Austin. Austin living is so
attractive that 33% of Austin’s tech workers
have moved to Austin without even a firm job
offer.
Despite these
strong numbers,
Austin must improve
on what Balon called
the "Expectation
Deficit." According
to Balon, 30% of
Austin’s employees
feel the city has not
lived up to their
expectations. This
surprisingly high
"Expectation Deficit"
suggests that Austin’s
"buzz" may cool unless steps are taken to
address employees' concerns with Austin and
their jobs. Balon suggested that the city must
address transportation concerns, while employ-
ers must create a more positive work environ-
ment. Statistics show that not only are salary
and strong management important to employ-
ees, but challenges offered in the workplace
and even the dress code of the company are
important (and in fact are becoming increas-
ingly more important) to employee satisfac-
tion.
Finally, Balon advised employers that
Austin is well positioned for the long term and
should therefore avoid a knee-jerk reaction to
the current economic downturn. He noted
that employers should research their target
markets and solidify their particular niche.
Finally he stated that employers should weath-
er the storm since statistics show that, while
Wall Street has lost faith in the dot-coms, con-
sumers, whose internet purchases are up over
30% from last year, have not.
The final panelist discussed the various
roles venture capital firms must adopt if their
portfolio companies are to be successful.
According to Browning "it takes more than
money and a great idea to create a successful
startup; it takes talent." Browning noted that
the recruiting expertise of a venture firm in an
era where fear has overcome greed has become
an ever more vital role for a venture capitalist.
For companies to grow and prosper, venture
firms must offer them candidate flow, resource
availability, education, and networking.
Howard Nirken, is a corporate/securities
lawyer with an emphasis on representing emerg-
ing high growth companies in M&A transac-
tions, venture capital transactions, software
licensing agreements, and other Internet and e-
commerce issues at Jenkens & Gilchrist, P.C. He
can be reached at [email protected].
June Meeting Summary
Recruiting Top TechnologyTalent in the Current DownturnHoward Nirken
““…companies need tobe more creative…””
Sam Gassett, Primus AssociatesDr. Rob Balun, Benchmark CompanyJeff Browning, Austin Ventures Talent
Network
3Q01
19
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The Leader
20
What can you learn when business plans goawry? How can you take the failures of the pastand turn them into opportunities for thefuture? The July 10 monthly meeting featureda presentation by R. Miller Hicks entitled"Failures Are Not Fatal" that cleverly usedexamples of many types of businesses to illus-trate basic survival principals. The presentationwas followed by a panel discussion moderatedby Robin Curle, principal and founder of CEOPartnerships as well as the Council's chair per-son. Panelists included survivors DeborahKaufman, president of Embella and IngridVanderveldt, CEO/president and co-founderof 212 Studio.
Using examples as varied as CompuAdd,Estampe Flamenco, Golden Pegasus China,presidential campaigns, Coors Grand CanyonTheater, and the Texas Stock Exchange, Hicksunderscored his point that the failure of anenterprise does not mean the failure of theentrepreneur: you can salvage valuable experi-ence. Some wisdom gained from businessfailures included the following:
1. Listing on a stock exchange (like looking atMedusa) can turn a deal into a stone.2. Don't let your love of an avocation replaceyour sense of vocation.3. Ego trips seldom end in profit centers.4. Do the intelligence on the target first, thenload and lock.5. Enterprises don't always morph into entre-preneurs.6. Market demand is in command.7. An unknown shrimp cannot swim alone withthe sharks.
The panel discussion allowed for a more indi-vidual perspective on business fatalities. "I’vehad a lot of experience bootstrapping," saidKaufman, a serial entrepreneur. Embella is herfifth company. All have been self-funded. "In'96, we thought to put learning on theInternet; in '97, two founders pooled $750K;in 98, we wrote our first business plan."
Embella's technology was showcased inOctober 2000. Sixty days later, the founderswere out of the company. "What we hadn’trealized was that it was time to take it to thenext level, and we didn’t have the right pedi-grees. We were a startup team. We learned thatthose who have the money make the rules."
Other lessons learned were1. Know that venture capital is very expensive.2. Do due diligence on the investors. (Mostentrepreneurs get to the table when they have
just a few weeks of cash left, if that. They tendnot to ask hard questions when they should.)3. Surround yourself with those who tell theentrepreneur that it won’t be all rosy.4. Secure legal help at the very beginning.5. Have a board strategy, since VCs willinevitably want board seats.6. Establish an advisory board.7. Market yourself.8. Keep reminding yourself that valuation iseverything (head count is NOT a milestone).
Vanderveldt, who is only 30, learned that withno experience, there are no dollars. "There areonly so many things that I’ve done," sheadmits. It took her company 2 _ years to get around of financing. "We weren’t clearly articu-lating what problem we were going to solve."If that area is grey, then it is for potentialinvestors, too.
As her company transformed from a develop-ment shop into asales shop, investorBill Hayden repeat-edly reminded herthat all eyes are onthe CEO. "You canmake mistakes, buttake advantage ofmentoring from peo-ple like Hayden andDr. Kozmetzky andinsights from associ-ates."
What she and hercompany learned wasfirst get help.Vanderveldt turnedto Robin Curle whohas broad manage-ment experiencewith startups.
Questions from theaudience centeredon more personalissues: What aboutemotions? How doyou deal with spous-es? Said Vanderveldt,"If you’re stayingfocused, the harddecisions are not ashard. If someone isnot performing andworking towards thesame goals as therest of the company,
then it is a business decision to let them go –not an emotional one."
As for spouses, Hicks responded, "Don’t tellthem."
For over two years, Laurie Modrey has beenpulling those quotes, inserting languid commasand otherwise seeing to the fine details of editingthe Austin Software council Leader. You canreach her at [email protected].
July Meeting Summary
Survivor III: That Which Does NotKill You Makes You StrongerLaurie Modrey
Miller Hicks, R. Miller Hicks & CompanyDeborah Kaufman, EmbellaIngrid Vanderveldt, 212 StudiosRobin Curle, CEO Partnerships
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22
The Council’s August meeting provided anoften humorous look into the potential pitfallsencountered bycompanies thatventure outside theU.S. The panelwas sponsored byExpertEyes, a pre-mier venturecatalyst that helpsU.S. technologycompanies acceler-ate revenues whileexpanding into theEuropean market-place. ExpertEyeshas successfullyestablished morethan 20 U.S.-basedsoftware compa-nies abroad.
The panel was moderated by Billy Bob Joe"Chuck" Jackson, a self-professed "high techredneck" from Cow Bayou in East Texas. Thepanel consisted of individuals experienced inthe global economy. Joel Momberger, VP ofBusiness Development and general counsel forApplied Science Fiction, Inc. (a provider ofdigital imaging solutions), was formerly a
senior counsel withOracle in Asia. Teresade Onis, Director ofSales for VCON, hasover ten years of expe-rience in the LatinAmerican high tech-nology sector. She iscurrently responsiblefor VCON’s sales,marketing, technicalsupport, and opera-tions in this region.Peter Combe, VicePresident of BusinessDevelopment forExpertEyes, specializesin taking softwarecompanies into
Europe. Combe previously worked withSeraNova and MicroStrategy as a vice presi-dent of business development in the eBusinessDivision.
Jackson initiated the discussion by asking eachpanelist to describe a mistake made by a U.S.company when venturing into a foreign coun-try. Momberger related an incident involving asenior U.S. executive who walked into his
Korean host's living room with muddyshoes, a greater breach of etiquette in
Korea than in the U.S. Healso recounted a situationin which a senior Koreanexecutive in the U.S. hadnot checked the currentstatus of his visa (whichhad expired). Fortunately,the U.S. company was ableto obtain a visa for him in18 hours.
de Onis also noted thatmany U.S. companies tryto make an immediate salebefore developing a relation-ship with the foreign client.She explained that this rela-tionship must be developed
before making a deal. She also observed that itis critical in Brazil to speakPortuguese, not Spanish.Even English is preferableto Spanish in Brazil!
Jackson then inquiredabout embarrassing moments the panelists hadwitnessed in foreign countries. de Onisoffered an example of an advertising sloganthat when translated into Spanish resulted inan offense. Combe also recounted a similarexperience involving the interpretation of asymbol, which had a different (negative) con-notation in Francethan in the U.S.Finally, Mombergerended with a humor-ous story of anindividual who in anattempt to speakKorean to his Koreanaudience said "I, too,am a peanut." The panelists werealso asked to discussTexas and its impacton foreigners. Allagreed that Texas is agreat place for foreigners to visit and/or work.While visitors tend to congregate in suchplaces as New York City, San Francisco orChicago, "non-gateway" cities have a lot tooffer. de Onis pointed out that many LatinAmericans enjoyed Texas because of its strongHispanic culture. However, some have prob-lems adjusting to the early meal schedule (andalso Tex Mex food!).. She suggested thatmeals be scheduled later than usual (for exam-
ple, lunch around 1:00 or 2:00 p.m. instead ofbefore noon). Combe cautioned foreign visi-tors to have appropriate credit card limitswhen in the U.S. Momberger noted that visi-tors from Japan are very impressed with areshooting galleries because guns are illegal in
Japan. The discussion concluded withde Onis' warning that personal safe-ty is very important in Mexico andLatin America and that it is impor-tant not to flaunt flashy clothes,watches, cell phones, laptops, etc.
One audience member commented that Texas(and, more importantly, the image of Texas)sells well overseas. A final question for thepanelists focused on appropriate gift givingprotocol. They suggested that a bottle of wineor alcohol is usually a good gift for any visitor,
especially Europeans. Mombergernoted that gift giving is very impor-tant in Asia, with rules and rituals.Gifts should be relatively small, prop-erly wrapped, and not opened in thepresence of the gift giver.
““...Texas sellswell overseas...””
August Meeting Summary
It Ain’t Far from Texas - A Different View of the WorldJohn A. Menchaca, Jenkens & Gilchrist, P.C.
Raj Sundra of Embrace Software with win-ner Russell D. Young, Commercial Texas.Embrace Software partnered withMicrosoft to develop the ASC membershipcard system with barcode that eases entryto ASC events.
Peter Combe, ExpertEyes; Teresade Onis, VCON
Billy Bob Joe“Chuck” Jackson,Cow Bayou, EastTexas
The Austin Software Council welcomes new
corporate members (in boldface) and thanks
those who have renewed their membership
during April 15 to July 14, 2001.
360Commerce
ADP
Advertising Novelties Company
AIS Software and Consulting
Analysts International Corporation
Austin Ventures
AVTEC Corporation
BCA International
Brassring Campus
BroadJump Inc.
BroadVision
Brobeck Phleger & Harrison LLP
Collective Leap
Collective Technologies
CompactAppliance.com
Computer Associates
Compuware - Product Development Division
Contextual, Inc.
Cook-Hurlbert Inc.
cPubs
Datanet Systems, Inc.
Dell Computer Corporation
Digital Motorworks, Inc.
Dynamic Database Resources Inc.
eBoing Inc.
eCommerce Technology Austin
Enform Technology LLC
Envision, Inc.
Essential Air Group Inc.
ETI
Executive Direction
Export Management Services Inc.
FLQ Solutions Inc.
Foreign Business Management Consultants
Fulbright & Jaworski L.L.P.
GraphX Creative
Graves Dougherty Hearon & Moody
Handshake Technologies
Hayes Software Systems
Herman Howry & Breen LLP
herronwiliams llc
Hewitt Associates LLC
High Desert Executive Search
InfoGlide Corporation
Innovation Group, Inc.
i-stream
JETRO Houston
Journee Software Corporation
Kazan Software Inc.
Ketchum
Landmark Graphics
Lane15 Software
Lassoo Interactive
Law Office of John C. Symington
Lazy Software
Lombardi Software
Market Answers LLC
Marsh USA Incorporated
Matrix.net Inc.
Mesquite Software, Inc.
MoveMoney, Inc.
Net Perceptions Inc.
NetQoS
O.I. Corporation
Pedestal Technology & Applications
People Solutions of Austin
Pervasive Software
Polaris Venture Partners
Polycom, Inc.
Protean Marketing Inc.
ProTrader Securities Corporation
QuickArrow Inc.
R. Miller Hicks & Company
Rascal Technologies, Inc.
Resource Financial Group
Rockford Business Interiors
SEADE Software, Inc.
Staff Leasing
STARTech Early Ventures
Stellar Display Corporation
Summit Consulting
Taylor Russell & Russell P.C.
Teges, LLC
Telelogic
The Middleware Company
The Open Group
Tindall & Foster PC
TIP Development Strategies Inc.
Tivoli Systems Inc.
TL Ventures
TriNet
US-Analytics
Veritas
Verity Ventures
Vieo, Inc.
Vinson & Elkins L.L.P.
Vintage IT Services
White Lion Internet Agency
Wilson Sonsini Goodrich & Rosati
Workplace Toolbox.com
Zilliant Inc.
3Q01 Renewing Members
3Q01
23
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