The SMx Project: Contracts, managers, and other stuff
Linc
OwnerDetroit Icrontian
A couple things were announced in a haphazard way over the last week as people moved to get SM20 together, find pieces for SM21, and find a host for SM21. I just wanted to take a minute to explain some decisions the staff and committee made and put it in its own thread so we can talk about it easier in one place.
The Parts Manager
Right now, we have a very difficult time keeping track of who has committed what pieces, and even the pieces we actually "have". It's a book-keeping nightmare, with pieces floating about - spread over 5 times zones. No one really has the time to keep track of that much paperwork... it's just not logical to keep doing it the way we have been.
Since all parts will be handled by one person (Mr Kwitko) he can easily start threads asking for exactly what pieces we need. We can be 5 machines ahead in CPUs if we want, and then find mobos at a different pace. It's much more efficient than making a thread and saying "OK, we need everything for this computer right now".
This will also help eliminate a lot of staff headaches. Pieces taking a month to arrive at the host's home, things arriving DOA, and needing replacement parts are all things that we are ill-equipped to deal with right now. The host's life will be greatly simplified when he or she receives all the parts on the same day, rather than trickling in over weeks. It will also be nice that the system is tested so the host can get things going right away and not be drained by trying to find what cursed piece isn't working right. And, if something actually is DOA or needs replacing, he doesn't need to start threads, etc in search of a new one. Mr Kwitko's got your back!
Now, there is one negative that has been pointed out: double shipping if you donate parts and get chosen as a host. I'm quoting seversphere here: This expense is would be unavoidable; fortunately though, the extra costs incurred would usually be for smaller parts, and not for heavy computer cases. Shipping costs would be kept to a minimum through the efforts of the Parts manager and would also be offset by greater efficiencies: more SMX rigs built and offered to Team Short-Media hosts. /quote
Once this system is going smoothly, we should be able to generate rigs at a quicker pace than previously since the system will be streamlined.
A discussion about a "parts manager" started amongst the staff in October. Since then, we have been kicking it around and getting it ready for primetime. There will definitely be an adjustment period as we make the change to this system, but I think it will definitely be worthwhile!
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Contracts and legalities
Well, let's face it. We have a few errant boxen
Every box that stops folding is a whole lot of time and effort being wasted. Right now, I'm sad to say, we have little legal recourse to get the boxes back. I assure you, we will make every effort to have them returned and reassigned to better hosts... but if they're gone...
The contract proposed is going to be quite simple: it will establish ownership of the computer and the responsibility of the host to return the machine if the team decides to recall it (for any reason). There will be no early termination fees, hidden charges, or selling of souls
We just need a piece of paper that says "Hey, we can take this thousand dollars of equipment back if you're not living up to the bargain... and you're in it deep if you run off with it."
While we don't think we've actually had any boxes run off yet, it will be harder to keep any other safeguards against that as the team continues to grow. We think this is the best all-around solution to a potentially crippling problem.
===================================
I hope this has explained some new stuff a little bit better so you understand why the staff went and made these changes while you weren't looking We've been carefully thinking about it for several months, and hope that you'll think they are good ideas too once you think them over and see what they are trying to accomplish.
Thanks everyone!
Keep the SMx project kicking!! 
The Parts Manager
Right now, we have a very difficult time keeping track of who has committed what pieces, and even the pieces we actually "have". It's a book-keeping nightmare, with pieces floating about - spread over 5 times zones. No one really has the time to keep track of that much paperwork... it's just not logical to keep doing it the way we have been.
Since all parts will be handled by one person (Mr Kwitko) he can easily start threads asking for exactly what pieces we need. We can be 5 machines ahead in CPUs if we want, and then find mobos at a different pace. It's much more efficient than making a thread and saying "OK, we need everything for this computer right now".
This will also help eliminate a lot of staff headaches. Pieces taking a month to arrive at the host's home, things arriving DOA, and needing replacement parts are all things that we are ill-equipped to deal with right now. The host's life will be greatly simplified when he or she receives all the parts on the same day, rather than trickling in over weeks. It will also be nice that the system is tested so the host can get things going right away and not be drained by trying to find what cursed piece isn't working right. And, if something actually is DOA or needs replacing, he doesn't need to start threads, etc in search of a new one. Mr Kwitko's got your back!
Now, there is one negative that has been pointed out: double shipping if you donate parts and get chosen as a host. I'm quoting seversphere here: This expense is would be unavoidable; fortunately though, the extra costs incurred would usually be for smaller parts, and not for heavy computer cases. Shipping costs would be kept to a minimum through the efforts of the Parts manager and would also be offset by greater efficiencies: more SMX rigs built and offered to Team Short-Media hosts. /quote
Once this system is going smoothly, we should be able to generate rigs at a quicker pace than previously since the system will be streamlined.
A discussion about a "parts manager" started amongst the staff in October. Since then, we have been kicking it around and getting it ready for primetime. There will definitely be an adjustment period as we make the change to this system, but I think it will definitely be worthwhile!
==================================
Contracts and legalities
Well, let's face it. We have a few errant boxen
Every box that stops folding is a whole lot of time and effort being wasted. Right now, I'm sad to say, we have little legal recourse to get the boxes back. I assure you, we will make every effort to have them returned and reassigned to better hosts... but if they're gone... The contract proposed is going to be quite simple: it will establish ownership of the computer and the responsibility of the host to return the machine if the team decides to recall it (for any reason). There will be no early termination fees, hidden charges, or selling of souls
We just need a piece of paper that says "Hey, we can take this thousand dollars of equipment back if you're not living up to the bargain... and you're in it deep if you run off with it."While we don't think we've actually had any boxes run off yet, it will be harder to keep any other safeguards against that as the team continues to grow. We think this is the best all-around solution to a potentially crippling problem.
===================================
I hope this has explained some new stuff a little bit better so you understand why the staff went and made these changes while you weren't looking
We've been carefully thinking about it for several months, and hope that you'll think they are good ideas too once you think them over and see what they are trying to accomplish.Thanks everyone!
Keep the SMx project kicking!! 0
Comments
Good idea, staff!
John.
Now, all I need is to rewire my apartment to become an eligible host....
Will the current hosts need to sign something? If so, one could e-mail me the forum, and I could fax it back for faster processing/getting it out of my way.
I think that contracts could also prevent any potential future catastrophes - such as an SMx rig being used for SETI@home or something...
TheSmJ brings up a good point - it would probably be a good idea to have current hosts sign something also, to prevent any other boxen from running off and/or being used to play HL2...
No offense there, BC...
I have a bit of experience with small claims, and it's not as cut and dried as it looks. (We won our case...after a lot of time and money spent on it.) You usually have to file papers in the jurisdiction where the person resides to have any effective means of recourse against them. Being that this is a long distance transaction in most cases, you could claim jurisdiction in whatever locale the SMx signator signs the faxed-back contract. This would mean you could go to court in your local courthouse, but would have to send registered letters of claim and summons to the defendant. If the defendant fails to show, you need to then show that the address information you have for him is correct and vaild, in order to get a judgement in absentia (if they signed the Registered letter, this is easy...if someone else signed it, then you are out of luck.) If you do get a judgement against the person, you then need to engage a collection agency in their locale to enforce the judgement. That usually requires a deposit to the collection agency, on top of your court costs. If you cannot get the defendent anywhere, you are on the hook for all these costs.
Oh, and if the SMx host is under 18, they cannot be held to the contract, so you need to make sure their parents sign it, or stop using under-18 year olds as hosts.
If the SMx committee wants to start requiring legally binding contracts, then you better start setting aside a legal fund to back them up. The only recourse to a broken contract is court, and court costs money. If you win, you can get it back, if you don't, you rolled the dice and lost. But if you don't want to go to the expense and hassle (missed work time, postage, etc) then your contract is pointless, and it still comes down to individual honour. If they cannot meet the commitments to host a rig, an honourable person would give the computer back without the contract. A liar and a thief may not, and the court cannot always force them too that easily, or even at all.
Dexter...
Dex- you raise several good points. the contract **can** stipulate that any disputes shall be filed in ___ (whatever the small claims court for the metro detroit area is.) If they sign it, then they agree to be bound by the jurisdiction of the aforementioned court.
Legal Fund? Not a terrible idea, but a better idea would be get a lawyer involved now. Any third year law student could draw up teh contract we need, in legally binding language--the key to winning any contract dispute. There has to be a lawyer on some team who would draw up the contract for a minimal (read: zero) fee. If this ever wound up in small claims, then lawyers aren't allowed.
Other than court? S-M could also pursue the deviant with their ISP alleging that the account was used to commit fraud. We could require a deposit of some sort (would need a little brainstorming to come up with somethign that's doable) (I'm trying to point out that there are many other options short of going to court.)
Don’t get me wrong, some of these machines (SM18 included) have the capability to become a semi-useful gaming machine, but (in my case anyhow) I would have to spend at least $200 on a new video card, and another $150 on DDR RAM, and I would still be stuck with a sub-par mobo (in terms of performance) etc. Anyone with half a brain might as well spend the extra $100-$150 on making themselves a completely legit, and faster machine.
In light of this, I feel that while a contract may help "seal the deal", we should really rely on confirmed addresses (of the place of residence sort) and phone numbers. I cannot see why it would be worth it to anyone to go into the witness protection program just to keep a SMX machine.
Such as electrocution.
It's just safer to be sure of the dedication.
Err, no. If I was 'renting' the machine for my own benifit, that might work. In reality, the host is agreeing to give his or her time in keeping/maintaining/loving the machine FOR the team.
This is true, but I mean something along the lines of a promisory note (that could be written into the contract), nothing of value, until its exercised.
Maybe in your jurisdiction, but they are in mine. They are just usually not worth the expense.
But it wasn't. ISP's don't care if you steal a computer then use it on their service. Only if you are stealing credit card numbers with it.
Dexter...
It's not that big a deal. Relax.
Get them to fax or e-mail scans of their drivers' licence, birth cert, etc. Have under-18's get their parents to sign a statement of understanding.
Dexter...
Look, the situation, in plain english is thus:
We have several thousand dollars worth of parts and money being sent all over the world, in a relatively haphazard fashion, with no ownership or accountability other than a vaguely worded set of "rules" and the good old honor system. I mean, it has served us well for the most part, but the plain fact is that there is more than one machine that is just plain stolen. They don't turn in WUs anymore, the hosts have been contacted multiple times, and there is just no recourse. Now, I've donated parts, time, and money to the team and so that makes me personally affected by these thefts. Anybody else who has donated parts, money, and time to the team has also been stolen from. Therefore, we need a legally binding method that we can fall back on in case a future machine gets stolen. "That will never happen" you may think, but the simple truth is that it has already happened. While I agree, Dexter, that small claims is a gigantic pain in the ass, at least we have threat of legal action to fall back on, and in most cases that does work.
I personally have the willpower to see any future legal action through, as I'm sure some people can attest to. Therefore, it all comes down to who is willing to fight longer. If we are in the right (We give you a machine in exchange for this promise, and you break the promise and don't return the machine) then we will win, because I DO have the means and the will to see the thing through to the end.
If there's one thing I hate, it's being stolen from .....
At the same time, someone who says "ahh, screw it" and leaves, just because they had to wait a few months, is probably not someone we want to trust a S-M rig with anyway.
As far as the legal matters, I think if we ever did find our selves in that position here is what I see as most likely:
1) The mere threat of legal action will probably be enough to do the trick in all but the most hard-core cases.
2) For the hard-core cases, I say go after the first one with all our might. The next guy considering it might see the writing on the wall and pull a Libya.
The alternatives are to either abandon the project as a team effort, and leave it to individuals to form their own combined efforts, or cross our fingers and be willing to accept a certain percentage of scofflaws as the price of doing business.
Frankly, as the project grows, that percentage of ne'er-do-wells will lead to an increasing number of dead-end machines. Envision a future scenario where we have fifty rigs in operation and a quick check of the stats shows that seven of them are turning in few - or zero - points. Are you going to feel comfortable knowing that the parts you donated might end up as someone's linux DHCP server? The fact that these are not generally good gaming rigs doesn't mean they're worthless. The last few SMx comps to go out are better than my main rig.
The bottom line is that any charity depends on its reputation for future contributions. Be viewed as wasteful and disorganized and you are doomed. Maintain a reputation for being businesslike and effective and people will be much more willing to donate.
Marc, are you saying that if an SMx machine is not stolen but doesn't turn in production for a few weeks, that the host will be sued?
Sued? Not necessarily right off the bat. Stuff happens. If someone has a reasonable excuse, then of course we wouldn't go after them. It is the people who stops Folding with no explanation, and who refuse to be contacted, who will be targeted. Remember, "sued" in this context merely means that if the host doesn't live up to their agreement we will demand the rig be returned so we can find someone else who will.
Take the team's computer, break your agreement, ignore polite requests to return the machine, and generally thumb your nose at the team, and hell yeah, we'll do what we need to do to get it back.
Let me stress again, the vast majority of hosts are performing an admirable job. No one is out to make their life more complicated. Most hosts will sign a piece of paper, then never again need think of it.
Sued is the wrong word. If somebody gives us the finger and runs off with our machine, we want it back, that's all.
If a machine doesn't turn in a WU for, say, three weeks, people notice. So we contact the host and say "Hey dude, what's up? When you signed the contract, you said that you would do your best to keep it running."
And then the host, in 99% of cases, would say "oh, sorry dude, I was out of town for a week and then it just slipped my mind" and we say "Well, cool, don't let it happen again, cause there are other hosts who would keep it running" and everyone goes on their merry way.
Now, if we try to contact the same host and say "Hey, what's up with sm99?" and they ignore ALL attempts to contact them for a month, and then you call them and they ignore your calls, and then you say "okay look, we need that machine back" and they STILL ignore you, that's the problem we're trying to eliminate. We're all reasonable people.
We want to avoid:
Machines being stolen, permanently
Machines being used for boosting personal folding stats instead of stats for that particular machine
Machines being neglected
It's pretty simple. It doesn't need to be as complicated as you seem to make it sound.
The criteria will be overall performance and consistency, coupled with good communication. If someone is doing a decent job, then announces that the machine will be off-line for two weeks while they go on vacation, we'll just wish them a good time. We all have lives, too.
This whole thing has become necessary because of a few people who have grossly flaunted the agreement they made, and done so over a long period of time. Someone who locks the comp in their dorm closet while they go home for Christmas isn't going to get any grief.
Communication is a big part of it. When circumstances arise, just let people know what's going on. It's akin to missing a day of work. You'd at least call your office to let them know why you didn't show up. The intent is to "fire" the people with chronic unexplained absences (or outright desertion), not hassle the poor guy who came down with the flu.