ADVERSE VIRTUALISATION TERMSCould You Be At Risk From Covert LICENSING TERMS?While some vendors are well known for their hostile terms towards specific forms of virtualisation (consider Oracle with VMware), others are not, slyly waiting for sufficient time to pass before issuing that dreaded ‘license review’ (aka audit) letter, hoping they can trap you with their archaic, antiquated, yet bizarrely enforceable terms that could see you severely punished if you have virtualised systems that fall under these conditions. Two current protagonists are coming to the fore in this space for their equally aggressive – and global – onslaught, hounding their loyal customers with totally unreasonable findings and outrageous demands for compensation. The problem emerged from the days of licensing physical installations by cores – easily managed when applications ran in their own dedicated servers, but with the shift to now omnipresent server farms, be it on-premise or cloud based, where their terms have not changed and don’t automatically recognise virtualisation as a means to limit the licensable metric (cores) you are at risk of paying for all of the physical cores in your entire Host estate. Consider the terms below extracted from the respective vendor agreements: Micro Focus End User License AgreemenT
"Server License for CPUs. Licensed Software provided under this License Option gives Licensee the right to install the Licensed Software on a single machine or server ("Host Server"), or one or more Containers on the Host Server, and have the Licensed Software executed by up to the total number of CPUs, Cores, Integrated Facility for Linux processors ("IFLs"), Blades or other processing devices specified for the license in the applicable Product Order ("License Specification"). If the number of Cores is not specified for a CPU in the event a CPU is specified in the License Specification, such CPU shall be considered to be single-Core. A Server License for CPUs license covering all CPUs, Cores, IFLs, Blades and other processing devices that are contained in and/or can be accessed by the Host Server ("Total Processors") is required with all applicable license fees paid, even if one or more of such CPUs, Cores, IFLs, Blades or other processing devices are not accessing or running the Licensed Software. For example, if 32 Cores are the Total Processors on the Host Server, but only 16 Cores are utilized to execute the Licensed Software, a 32-Core Server License for CPUs license is required notwithstanding the fact that 16 of the 32 Cores may not actually be accessing the Licensed Software. Each Core on a multi-core CPU requires a Server License for CPUs license covering each such Core. For example a Host Server with Total Processors consisting of a single quad-core CPU will require a 4-Core Server License for CPUs license and payment of the license fees applicable to all 4 Cores." OPEN TEXT – ECD Central Processing Unit (“CPU”) ModeL Affected products are any of those on your Order From that have a UOM code of ‘ZA’: "Licensing and pricing is based upon the total number of CPU cores present in the computer upon which the ECD Software will operate. The ECD Software is licensed per physical dual-core device (“Dual-Core CPU”). Licensee must purchase an individual Software License for each Dual-Core CPU on which the ECD Software is executed or made available to execute." If you are in the unfortunate position of running any products that fall into the categories above, act fast. You will need to either move the affected applications to a right-sized physical box (with all of the accompanying issues that presents) or seek to agree with the vendor the appropriate virtualisation terms (and be wary – if they play this type of game that will likely just get their cash registers ringing). We find it hard to believe that such terms remain in vendor agreements, more so even deemed enforceable. If you've had the misfortune to have gone through such an affront, or think you might be about to, get in touch - we'd like to hear of (or help with) your experience.
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IT SEEMS AUDIT SEASON HAS STARTED EARLY ...Revenue outlook must be a concern for a number of large, global corporates going by the number of audits we're aware of already this year - typically they seem to favour the mid to late part of the calendar. And lets face it, an audit is the last thing you need when you're just getting back to those major initiatives that need focus. Of course often its that very focus that leads to compliance issues - lacking the necessary oversight and controls in your IT landscape its not uncommon for BAU changes to cause a world of difficulty - a simple server refresh that introduces more cores, a change in access permissions that broadens the user base, or perhaps just plain old virtualisation. So what might target your organisation for attention by those loathed 'License Review Teams' waiting out there? Well the answer is, more than you might think. Typically something has got you to the top of the list. It can of course be within a common cycle such as at a contract renewal period, or an untimely prompt by one of those independent organisations whose entire income is through specialised and aggressive audits, but if not, what might cause it - and how might you prevent it? First, consider the common triggers:
If any of the above have you a little worried look for the most telling signal from your vendors of an impending audit - the unexpected communication that your "account team is going through some changes", which is simply a calculated, preemptive move to extricate any history and/or advocacy you might otherwise have had - prepare and get ready! all of those "but" arguments will get you nowhere - "but we had an agreement", "the account have known it was like this for years", "it was the licensing sold to us", etc etc. Alternatively, if you're feeling comfortable that you're not under any imminent threat its still a good idea to take stock and review your position against the common triggers. The best defense is without doubt a robust and competent software licensing function within your organisation that maintains the necessary level of control (and has the added benefit of warding off those vendors who would rather take on an easier, less capable target). When it comes to licensing and compliance its good practice to not treat your vendors like 'trusted partners' - keep in mind who they're actually working for, and who's paying their salaries. So - what to do:
Concerns? if you need any help, we're just a phone call away.
With a New Year ahead it's a good time to reflect on your IT Licensing status and Compliance Position - Are you confident that it's all under control?
Or does effective management of IT licensing just seem too vast and perhaps cost prohibitive to implement and maintain? It can seem that way - there are numerous and ever changing products, platforms, and models to complicate the situation, so how do you keep up? And what about the cost? - yes, Software Asset Management and Licensing Compliance to many executives can seem like an unnecessary spend, much like the early days of Disaster Recovery where the prevailing thinking was typically "why would we spend so much on hardware that's just going to sit idle?". Well compare that to the contemporary thinking today where Service Recovery is a given with any robust application - the spend is seen as a worthy investment, not just additional cost. At Software Compliance we recognised these factors as the perplexing problems the majority of organisations with broad IT solutions faced, and we decided to develop a solution that would work - and scale - to a vast array of companies, particularly SME's. So how did we do it? First and foremost we developed a tool to enable organisations to capture, contain and maintain that vast amount of software information important to them - their contracts, deployments, and licensing - the tool - ComplianceWare. Not only does ComplianceWare discover and track your software deployments, but it removes layers of licensing complexity by automatically tallying installations, performing product bundling where appropriate, and providing direct links to vendor licensing information to help you decipher whats relevant - all kept current for you by the team here at SWC. So if that solves the complexity issue, what about the next inhibitor - cost? Again, that was something we were very aware of. While there were existing solutions in the market they are typically high-end, bloated products aimed at large enterprises at a cost to match. We took a different approach - build a lean, cloud delivered, simplified application that organisations could subscribe to based on their requirements, and be there to provide ongoing support and expertise as those ever-changing products and platforms emerge and evolve. All at a such a compelling cost you'll wonder why you paid such exorbitant remediation fees in the first place (or perhaps might be about to!). So as holidays come to an end and we embark on another year it's a good time to reflect and ask yourself, in 2019 will we be:
It's not nearly as hard or as costlier a problem as you might believe it to be - find out more - get in touch and let's see how we might be able to help you gain more success in 2019.
effective January 2019 ORACLE HAS ANNOUNCED THAT Java SE 8 public updates will no longer be available for "Business, Commercial or Production use" without a commercial license.What does this mean to your organisation? ... For Commercial Users (being those "entities other than Oracle Customers that use Java SE for free for business, commercial or production purposes as part of a Java application delivered by a third party or developed internally" Oracle will not post further updates of Java SE 8 to its public download sites after January 2019. If you need continued access to critical bug fixes and security fixes as well as general maintenance for Java SE 8 or previous versions you'll need a long term support subscription through Oracle Java SE Advanced Desktop, or Oracle Java SE Suite. Of course if Java is licensed for use under another Oracle or other third-party license you are exempt. You'd be entitled to ask - what exactly is Oracle's justification for this new charge, well simply put their contention is captured in this statement: "As the main contributor and steward of Java SE, Oracle is the only company that can guarantee long-term support and updates on a timely and predictable schedule. The Java SE Subscription from Oracle provides access to tools that consistently manage updates, enables enterprises to monitor their own Java platforms, and provides direct access to a specialized Java SE support team" Where to next? ... What do I need to do?? Assuming you have broad use of Java SE like most organisations - noting the Java Platform, Standard Edition (Java SE) and Oracle Java SE Advanced and Suite products are currently shipping from Oracle in the form of the Java Development Kit (JDK), and Java Runtime Environment (JRE) - you'll need to inventory your entire software landscape to identify what installations you have, under what license. For those that aren't captured by an over-arching entitlement you will need to assess the level of support and currency you are willing to operate. Put simply, that all means:
And what's that all going to cost? ... Well the latest Oracle Technology Global Price List (June 19, 2018) states the following under Fusion Middleware: ... however the literature surrounding the Subscriptions appears to indicate a more reasonable cost profile: So with January 2019 looming the priority needs to be getting full clarity of your position:
... and then quantify what that might cost. It would be fair to predict that Oracle will no doubt scrutinise this space at some point in the near future ... best to be prepared. ... and that's where Software Compliance and our ComplianceWare tool can help ...
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