Comment by jandrese
That seems too exploitable to pass muster in the court. If you release Beta 0.0.1 of your software after 2 months of development then spend the next 5 years getting it up to version 1.0 that's clearly a development effort not a maintenance effort.
> such as marketing and promotional activities, maintenance activities that do not give rise to upgrades and enhancements, distribution activities
If it leads to a new release, then its software dev. Meaning anything more than a minor patch is going to count.