The law on the IT side

Things seem to have changed since I was working in IT (information technology) projects for the financial industry...But others remain the same. 

At that time I remember having to explain to a lawyer the requirements of a software package that my company was about to buy.  She was on our side and drafted a contract that was forcing the software supplier to deliver what they promised.  I had been dealing with this supplier and had agreed to these requirements.  

Our boss thought that it was better to put these requirements in the contract.  A rare occasion to do so I thought, because I was used to the idea that IT people more or less trusted each other in our competence and promises.  If we say it can be done, it should be done.  Part of our professional ethics, or our own ego perhaps.  Part of my own education.  I had learned the hard way at university and in my first job as a software programmer what happens when you do not deliver projects.  

At the time of this contract there were several (and long) meetings, and when the supplier attended them, this lawyer got them cornered.  The supplier was more versatile in IT matters, less in legal ones. The contract became a long document. We had to draft it several times because requirements changed due to the negotiation that took place. We did not seem to trust each other.  

Did this long process have to do anything with fairness?  Well, it turned out to be a matter of not losing money and getting more that we initially bargained for.  It was a kind of competition.  Avoid losses, make the other pay for penalties.

As of today what I see is that IT people have become experts at putting the law at their side.  Think of Amazon and Google (not) paying taxes.  They abide by the law, regardless of the morality of their acts. Even Obama has recently taken the side of Apple against Samsung and the judges have ruled out in Apple's favour.  The US judges. In this case there does not seem to be any written contract, only the laws of (fair) competition. But if this is about fairness, why does the end result have to be stopping your competitor from selling their products?  

So maybe this and other cases will set a precedent that says that an IT project/product needs to have a lawyer (or a team of lawyers) as a permanent team member.  Project management techniques will have to focus not only on ensuring successful project completion but also on protecting economic interests of the project.  

Or perhaps it should be a case of making IT contracts fair to all the parties. But still, many people could fear that the invisible hand of the market (or their competitors) will play against them.  

We have advanced much in developing new technologies.  But we are still not trusting each other.