A New And WeLcome Direction in Consolidated, Direct, Licensing InformationMicrosoft announced the 1st June 2019 as the date at which the new 'Licensing Terms Site' will replace the current downloadable document versions of the Product Terms (PT) and Online Service Terms (OST) (although at date of this publication it is still stating "under construction and for preview use only.") Not only is this intended to consolidate the myriad of licensing documents and material rife across Microsoft sites, but according to the FAQ (available here) will also ease navigation through filters available by program and product, and also introduce a new 'compared-to' function which allows users to compare changes (albeit post 1st June 2019) to 'current' use rights going forward - a useful utility! So what does it look like? - the landing screen as below (see it for yourself here):  A quick test run found the site easily navigable, presenting targeted information based on your selection in the familiar format of the Product Terms structure. Of course it can't solve the 'knowledge complexity' invariably attached to licensing - you basically still need to know what you are looking for, and then be able to apply what you find to your own situation. A quick delve into the SQL Server section highlights the information then available by edition:  All in all though a timely advance in the overall licensing landscape that would be welcomed across other vendors with similarly broad and complex license terms and models, which makes us wonder ... ... is it too much to hope for a cross-industry standard?
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You've been there right ... in a meeting, time for the mandatory introductions, and the chair says "now from Procurement we have ..." ... so you shake your head (not visibly) and dutifully introduce yourself, thinking "They still have no idea!" So lets get a few things straight. Sourcing isn't Procurement. Sourcing ultimately involves Procurement, but other than that, it's quite different. And while we're on the subject, what's with 'Category Management?' Really?? ... to our thinking, 'Category Management' is just an unnecessary classification - sure - we work in categories, be it IT, Marketing, Stationary, Travel ... whatever, but it's the Sourcing label that defines the function. Well then, if it is different, what is Sourcing ? Sourcing, fundamentally is a discipline (much like, and in fact premised on, Project Management) - it has methodology, it has process, it has discipline, and it has rigour (for example, CIPSA). Not that Procurement doesn't - but Procurement ultimately follows the framework that Sourcing puts in place. Rather than straight 'buying' a good Sourcing practitioner will firstly work closely with the business to ensure there is an understanding (and proper framing and presentation) of requirements, development of a Market Strategy (who to approach, and how it should be constructed - RFI, RFP, RQT ...) , all backed up by a practice of relevant and credible assessment and evaluation (and that means no less than an objective, defensible process qualified by accurate data and irrefutable artefacts), followed by the subsequent qualification of supply (being full and complete due-diligence), with expert negotiation and agreement of (favourable!) contractual terms, plus induction of this new supply (and if you're a regulated institution, don't forget your obligations here - your license could be at stake). So where is Procurement in all of this? Procurement then steps in to make sure the ongoing acquisition of contracted products or services occurs within the framework of the Sourcing arrangements that have been put in place, tracking the metrics, monitoring the costs, measuring delivery - keeping the Supplier to their commitments. But let's hear from the practitioners out there - all you Sourcing and Procurement people doing the job day in / day out - where would you classify your role, what differentiates your function, how might you describe what you do? We're keen to hear your view - share your thoughts ...
It's there in the agreement, you can bet on it. Indirect Access. Whether it's disguised as 'qualified users, or 'devices', or perhaps 'multiplexing', it's prohibited. And that means you need to be sure that the access you're providing to your licensed systems is correct and compliant. The simple way to think about it is that if it's related to a proprietary system, or sourced from a proprietary system, any access must be properly authorised. And that means properly licensed. So whether it's via an API, an interface, or extracts, you need to ensure that you're compliant with the terms of your agreement - to not be can prove very problematic, and potentially very costly. Take the recent finding (Feb 2017) in favour of SAP UK over DIAGEO Great Britain which you can view at http://www.bailii.org/ew/cases/EWHC/TCC/2017/189.html in a remarkably readable form for a crown judgement. The core of the matter was the "Named User" metric by which DIAGEO licensed its SAP installation, and the development and use of functionality within Salesforce (known as Gen2 or Connect) that enabled DIAGEO customers and distributors to places orders, check stock availability and prices, see invoices and select delivery. Through various interfaces back to SAP, Connect provided the necessary data, lists, and workflow to those end customers and distributors 24x7 negating the need for a call centre to receive and process requests. Despite DIAGEO asserting that the use of Connect by customers was essentially no different to when they contacted and were processed through the call centre, the judge saw otherwise and ruled that such access constituted use of the SAP system. The implications are yet to be seen, however in summary the damages were considered by the judge as below: "In summary, usage by Gen2 sales representatives is not authorised usage under the Agreement. SAP is entitled to additional licence and maintenance fees, the level of such fees to be assessed in the quantum phase of the trial, if not agreed, by reference to the nature and extent of the usage and SAP's price list." So, should we be concerned? Absolutely. If you're unsure of the your license grants or metrics, the terms of your agreements, or the compliance of any periphery/accessing systems, you need to take stock and run a full assessment exercise across your domain.
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Unravelling license complexity for Business
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