Tag Archives: Software

Should You View a Competitor’s Illegally Published Code on the Internet? Four Points

Situation: A CEO recently learned that the proprietary code for both his company’s and his principal competitor’s products have been published on an international web site. He is conflicted about whether he should look at his competitor’s code, knowing that this would potentially be illegal in the US. Lawyers have offered conflicting and vague advice. Should you view a competitor’s illegally published code on the Internet?

Advice from the CEOs:

  • Consider the status of IP protection outside the United States.
    • In some countries there do not appear to be clear legal guidelines. One of these countries is likely where this situation originated. The country in question either lacks rules governing IP or the ability to enforce rules that exist.
    • The frustrating thing is that the playing field is not level between US and non-US companies. US companies are held to a high ethical standard by US law, whereas competitors in other countries that are not held to the same standard are free to review the illegal source code and learn from it as they can.
  • How complicated and expensive would it be to change the code? If this is feasible and not prohibitively expensive this may be the best option. Updated code can be provided to users through a software update.
  • Any company has to assess their own ethics as they craft a response to this situation. Make sure that the solution is consistent with the company’s ethical standards.
  • Could this have been an act of economic terrorism and/or theft?
    • If so, it is possible that the U.S. Justice Department could step in if one can make a case for national or economic security (unfair trade) based on violation of software copyright laws.
    • An action like this would, at a minimum, discourage similar future events. It could also help reduce the likelihood that competitors would try to profit from this situation at the company’s expense.

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How Do You Align Vision Among Leadership? Three Approaches

Situation: The CEO of a software company finds that she and her #2 don’t have the same vision for the company concerning objectives and what is required to reach these objectives. In addition, key employees are reaching retirement age. The company needs to bring in new employees to learn the skills of those who will retire. How can these challenges be addressed? How do you align vision among leadership?

Advice from the CEOs:

  • Consider the following approach:
    • Add 1-2 people and bring them up to speed within the company so that they can step into the roles of the employees who are nearing retirement.
    • Focus the CEO’s role on creating the development outline and priorities, assisting in closing significant sales opportunities, participating in industry seminars to publicize the company’s capabilities, and guiding administration and finance.
    • Focus the #2’s role on assuming a greater role in new software development and customer support and have this person delegate and oversee internal technology development and code maintenance.
  • In pursuing this approach take the following steps:
    • Buttress the CEO’s skills with another developer who knows the key software, and who can maintain this for the company long-term.
    • Shift development from individual efforts to a collaborative atmosphere to ease and speed integration of new code into the company’s software.
    • Reduce the CEO’s day-to-day administrative role.
    • Increase the #2’s role in software development and reduce focus on maintenance and internal technology.
    • Add an additional resource in sales/marketing to boost company growth.
  • How to Get There?
    • Allow the #2 the latitude to start developing some of his own ideas for new tools or products.
    • Bring in a “marriage counselor” to assist the CEO and the #2 to define a common understanding.
    • One focus will be to establish that they clearly respect and value each other’s talents and contributions. The other focus will be to work through objectives and requirements where there has been difficulty reaching consensus.

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When Should You Bring in External Resources? Four Suggestions

Situation: A company provides market research, technical assistance, and related services for clients. It receives most of its work from proposals. Both writing successful proposals and carrying out the work of accepted proposals are critical capabilities. Should they bring in external resources to increase the number of proposals submitted? Where should these resources be focused?

Advice from the CEOs:

  • Identify the most critical tasks that contributed to proposals that have been awarded.
    • Determine, between writing and editing, which tasks are most critical. Focus internal resources on these tasks and seek outside resources to assist with the less critical tasks.
    • Provide incentives to those who write grants that are awarded.
  • What portions of the proposals could be written using external resources?
    • Background information, including corporate history, tends to be repetitive between proposals. However, this material is also difficult for an outsider to master.
    • One option is to secure outside resources that will commit to the company for a long time. These resources would have the time to learn and master the historical data.
    • Another option is to use the company’s database to store and code historical data. These data could then be managed by a less expensive internal resource and collected with appropriate filters for each new proposal that arises.
  • Codify the repetitive source material in a database. Secure software that makes it easy to filter and recall selected data for the writers of new proposals.
  • An alternative to using outside resources is to develop an internal coordinator who is master of this database and who is responsible for gathering appropriately filtered data to support the efforts of the company’s proposal writers.
    • By taking care of this portion of the proposal writing task, it will be easier to find enthusiastic project leaders to take on the more creative aspects of new proposals.

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How Do You Prepare for Sale of the Company? Six Points

Situation: A company’s founder and CEO wants to sell the company. The company’s software is well-suited to current governmental priorities and should be of value to potential buyers. What are the best steps to take both to prepare for a sale and to sell at the highest price? How do you prepare for sale of the company?

Advice from the CEOs:

  • Add a person with connections to potential buyers to the board.
  • Look for an M&A specialist who knows the company’s market.
    • The right specialist will help validate the valuation of the company, review and identify potential purchasers, and make the inquiries that will lead to the sale of the company.
  • Investigate M&A cases in the industry and related technologies – both cases of firms like the company and cases of companies that may be suitors to determine their purchasing behavior.
    • This will help develop strategies to maximize the value of the company and the optimal bargaining position and will help prepare for negotiations.
  • Maximize the value of the company in preparation for the sale.
    • The fastest business growth may come from within the company’s current customer base – additional business customers where the company already has contacts.
    • Work up the food chain within existing customers to increase the company’s business within these companies.
  • Important preparations for a sale:
    • Assure that financial records are very clean. These are critical during the price-setting process and in negotiating the final price.
    • In computing company valuation, exclude the salaries of current principals to improve the income statement. These individuals will be replaced post-sale with lower-paid employees.
    • Continue to operate the company as though there will never be a sale. This maintains the value of the company regardless of what happens.
  • How open should be the company be – internally and externally – concerning a potential sale of the company.
    • Be as honest and open as is prudent. The biggest concern will be salespeople who may leave the company if they feel threatened by a sale, or who may stop selling because they do not want to try to explain the situation to prospects.
    • The other “at risk” group is developers, who may fear that they will be replaced or terminated following a sale and who may leave.

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What are the Pros & Cons of In-House Software Development? Three Points

Situation: A company used internal resources for a small in-house project – developing web-based time sheets. They had obtained bids for external development but found that internal resources could do the same time for about half of what external development would cost. The trade-off was slow delivery. What are the pros & cons of in-house software development?

Advice from the CEOs:

  • Why was delivery slow?
    • When faced with a choice in priority between the internal development task vs. responding to the needs of external customers, internal delivery was pushed back in time.
  • This is exactly what others have experienced when faced with the choice between internal and external software development. Look at the trade-off, not just in terms of “cost” quoted by internal developers, but also in terms of opportunity cost. The real cost is what these resources could have provided had the same time been spent to support external revenue-producing projects.
  • Just as the company did in the first place, get external bids. If the use of internal resources is an option, compare time to delivery forecasted using internal resources plus any other internal costs. Then analyze the opportunity cost of not dedicating these resources to revenue-producing activity. The sum of these costs should then be compared with external bids. Adding opportunity cost to the analysis can make a big difference.
  • Once the company has this information, make a business decision as to the best choice. Keep in mind that unless the priorities of the internal group doing the development work are changed, they may not respond to the needs of the internal project on a timely basis. It will be the CEO’s call as to whether the developers prioritize their time to support external projects or the internal project.

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How Do You Boost Company Morale? Five Suggestions

Situation: A CEO is concerned that her #2 is being challenged by others in the company. An option is to hire a technical project manager; someone who carries the CEO’s authority and who can get things done. What are the obstacles to achieving this? How do you boost company morale?

Advice from the CEOs:

  • The technical project manager must have a non-threatening role – they shouldn’t challenge the technical skills of the developers. The role is to oversee schedules, progress, and to resolve barriers – both technical and personal. The job is to get things back into shape.
  • While the business involves highly technical software, operationally it is people centered, not software centered. People centered means a team that collaborates and supports one-another. The important questions are:
    • Where do the needed people skills come from?
    • How do the model and reality transition to a people centered business?
    • Look for someone who can nurture talent. People skills are more important for this role than technical skills, with the caveat that individual must be able to understand technical challenges.
  • An option is a 3rd party within company to straighten this out.
    • “COO” Responsible for Technical Direction – title is important because it conveys respect.
    • The CEO’s voice and ears.
    • Run weekly meetings and is the go-to person when the CEO us traveling.
    • The focus is to manage the primadonnas and keep them focused on their jobs instead of on interpersonal conflicts.
    • This role focuses inwardly on company vs. the CEO who focuses outward on the broader vision, key stakeholders, etc.
  • The bottom line – this is your company, your vision. Make it work. The task is teaching maturity – learning to give rather than worrying about making a name for themselves.
  • Have regular lunches with each of the developers and have frank conversations with them. What’s up and what’s wrong? Listen and let them air their concerns. Talk them through these concerns, but make sure that they understand that the CEO sets the direction both for the company and the boundaries of acceptable and unacceptable behavior within the company.

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How Do You Monetize Your Business Model? Five Suggestions

Situation: The CEO of a start-up software company focuses on connecting potential parties to business opportunities. Early signs are that this offering has legs and potential parties have responded positively. The critical question for the CEO is how best to turn interest into revenue. How to you monetize your business model?

Advice from the CEOs:

  • The first step is to segment the audience and determine both the potential for each segment to both benefit from and fund the service that they receive.
    • Individual contributors may not have a lot of financial resources but may be interested in participating as employees or providers of expertise or services. They also may know others and can spread the word.
    • Collaborating organizations may be able to offer both funding and services to help build and sustain momentum.
    • Companies have funds to support the effort provided they see value to their bottom lines as a result.
  • Suggest a fee or contribution for services from companies who will benefit. Provide guidelines or a sliding scale of fees depending upon duration of services provided to the company. Make it clear that moneys earned will be reinvested to increase the range and depth of services offered.
  • Suggest a sliding fee scale for individual contributors based on the financial benefit that they receive.
  • For companies and collaborating organizations offer levels of membership or recognition for support based on benefit received.
  • For all segments – start with small, timed fees and increase these as the model proves its benefit to them.

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How Do You Expand Business Development Efforts? Four Thoughts

Situation: The CEO of a software company needs to increase revenue to cover expenses. He doesn’t want to cut salaries because if employees leave it will be hard to find replacements with the required skills. The better solution is to increase revenue. How do you expand business development efforts?

Advice from the CEOs:

  • Look at the markets which are growing rapidly:
    • Gaming. This is currently a good investment area. Large casinos are spending heavily on high end projects, and people just keep gambling!
    • Medical imaging. Potential targets include:
      • Pharma and Biotech R&D and Marketing/Sales – the ability to show how a drug binds with the cell receptors and how this impacts the cell is interesting to both groups. Also look at Medical schools. This is where you find the top researchers and they love teaching and presentation aids.
    • Military markets, particularly simulation spaces and unmanned vehicles. They value realistic simulated environments. Also look at training programs that value visually intensive simulations including marine and naval applications, aircraft, and battlefield simulations.
  • Consider the company’s business focus and strategy. How can it move from a “next project” model to a recurring revenue model? Is it possible to write client agreements to include a piece of the recurring revenue stream from client products?
    • Look at what the company does and package this as a product/service vs.an hourly problem-solving model. Focus on where the market is going. For example, iPhone apps – cheap to the customer, so millions buy them People now interact differently using electronic media. This opens new options.
  • What is the company’s key focus – Product Leadership, Operational Excellence or Customer Intimacy? How is the company’s differentiating strength presented consistently to client audiences?
    • It is important to clearly define the company’s niche – what makes it truly different. The communication must be clearly understood both by the engineers, and the business development and marketing people.
  • Invest additional funds in business development – with payments highly weighted on success.

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How Do You Choose Between Opportunities? Six Points

Situation: The CEO of a software company has been presented with two opportunities by a large customer – international expansion to support their sales and creation of a data warehouse facility. The company has the option of pursuing either or both. The customer is not offering up-front cash to support either opportunity. Should they pursue either or both? How do you choose between opportunities?

Advice from the CEOs:

  • Keep pursuing both opportunities and establish a series of decision points which will yield either a Go or No-Go decision on each. The big question is to determine how either will support company growth.
  • The customer is interested in both opportunities so ask them for assistance such as: removing barriers, client referrals, or some form of cash or investment.
  • For either opportunity to succeed requires a high level of internal buy-in and support from the customer.
  • If the company can afford to be aggressive now, this is a great time to move.
    • Look carefully at the ROI on each opportunity under different scenarios.
    • Do background work with potential clients to validate each market opportunity.
  • Specifically to International Expansion
    • Buy-in from the customer’s head of international sales is essential – without this it will be difficult to establish a solid relationship with the international sales team. Lack of this support will be a No-Go sign.
    • Can the customer provide office space, access to their infrastructure, administrative support, assistance in gaining necessary licenses to do business, etc. during start-up?
    • Could this venture be undertaken through a joint venture with an established international company? This would save start-up costs and allow validation of the opportunity before risking the company’s investment.
    • Execution will require a large-scale effort – both time and money. Include both in the Go/No-Go calculation.
  • Specifically to the Data Warehouse Facility
    • A competitor’s right of first refusal on this business is a barrier. However, the opportunity may be viewed as too small for the competitor. Is it possible to buy rights from this competitor?
    • Ask the customer to transition their customers to your company and its product.

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How Do You Free Up More of Your Time? Four Observations

Situation: The CEO of a successful small software company is snowed under by day to day tasks. She wants to focus more of her time on business and infrastructure development. However, the company’s departments are not strong enough to run without her supervision. How do you free up more of your time?

Advice from the CEOs:

  • The first priority is to develop infrastructure that will allow the CEO to focus on strategic development.
    • To build this the company needs the right people to do the work.
    • Look at the daily task list and develop or hire new managers to oversee day-to-day non-strategic functions.
    • For example, offload payroll and back-end accounting to a bookkeeper.
  • Look at the gaps between where the company is now and where you, as CEO, want to be in terms of your time and responsibilities:
    • In addition to a bookkeeper, hire an experienced executive assistant – to keep you focused as CEO.
    • The company is growing rapidly. It is time to hire a human resources manager.
  • The company’s cash flow projection for the coming year indicates a substantial surplus.
    • Use this surplus to hire infrastructure.
    • In front of key clients, keep the impression that you are available to them; however, this is primarily for client relations. The CEO doesn’t have to do all the work demanded by clients.
    • Use the lawyer / rainmaker model. The rainmaker maintains key client relationships; however, the rainmaker has staff do 90% of the work.
  • The 7 States of Enterprise Growth Model indicates that the company is now in what’s called a Wind Tunnel. The critical activities in a Wind Tunnel are:
    • Letting go of methodologies that no longer work and acquiring new methods that do work, and
    • Hiring and training additional staff.

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