Software Asset Management

Microsoft Enterprise Agreements - Microsoft SQL Server Strategies

2011-12-22T09:32:00.000-08:00

In case you haven't heard it yet, Microsoft SQL Server 2012 is going to contain some major licensing changes. Customers with existing (or new prior to the release of SQL Server 2012) Enterprise Agreements (EA) or Enrollment for Application Platforms (EAP) with SQL Server included on those agreements have some great opportunities right now but should be working out a strategy to meet their current and projected needs.

If you're unaware of the changes, check out our blog on Network World to find out more details.

If you have SQL Server Enterprise on your EA or EAP before the release of the 2012 version you can continue to purchase the same licensing model until the end of your agreement. In other words, even though the SQL Server Enterprise server and Client Access License (CAL) model will disappear with the release of 2012, if you already have that model on your EA or EAP you can continue buying under that model until your agreement ends. Additionally, if you have SQL Server Enterprise processor licenses on your EA or EAP, you can continue to purchase processor licenses (rather than core licenses) through the end of your agreement.

This presents a number of opportunities for organizations to save money moving forward but having a strategy will be key! If you don't already have these products on your EA or EAP, you might want to consider if you should add them prior to the release of Microsoft SQL Server 2012 (as opposed to waiting until your next true-up which might mean you miss an opportunity).

As always, let us know if we can help you create a Microsoft licensing strategy that is most beneficial to your organization!

Microsoft Windows Server Price Increase? Check Your Sources!

2011-12-08T08:24:00.000-08:00

It has come to my attention that one of the large resellers is telling their US clients that Microsoft will be doing a 15% price increase on Microsoft Windows Server products effective January 1, 2012.

The information I've received is that this is not accurate, that it does not apply to the US (Latin America may want to check into it though). However; I'm not a reseller and I'm not Microsoft so I don't have access to price lists.

So, the point of my story? Check your sources! If one of your resellers is giving you this advice, please check it out with another reliable reseller and with your Microsoft account team.

Additionally, if this your reseller does give you this type of wrong advice...might be time to re-evaluate resellers. Yes, everyone can make mistakes - but I'll tell you frankly, this reseller has been on my list of "least desirables" for a long time due to some of their practices and this just put a nail in their coffin for me.

Happy Holidays - and here's hoping that January doesn't bring a price increase on Microsoft Server products!

Software Licensing Agreements - Enterprises Be Careful of What You're Signing!

2011-06-30T17:44:00.000-07:00

I work with companies of all sizes so I see a lot of trends based upon size. One disturbing trend I've been seeing lately applies predominantly to my Enterprise customers who rely on their Procurement department to negotiate all contracts.

Procurement is a key player in any negotiation, but I think it's risky to rely completely on them for finalizing a software licensing agreement.

What may look benign to a Procurement expert may easily send off red alert signals to a licensing expert. Within the past month alone I have seen supposedly well negotiated language cost three of my newer clients over $5 million combined to a single publisher. While we can frequently get these agreements re-negotiated we were brought in after the publisher already had been made aware of the situation and their eye on the paycheck...hard to get much of a budge then.

Here are some examples:
1) Microsoft Enrollment for Application Platform (EAP). Sure, this offers great discounts on SQL server as well as other products but be sure to read the fine print! This enrollment commits the company to licensing all of their SQL deployments (or other product that is enrolled) through the EAP. If you own legacy licenses and are running legacy versions but you didn't enroll those licenses into the EAP with Software Assurance you are essentially giving up your right to that license for the term of the EAP. Even new licenses that you buy but don't buy through the EAP are essentially useless.

2) Audit or true-up assistance program clauses. Check these over carefully to make sure that the scope of any outside assistance is clearly identified and restricted to the appropriate products, divisions and terms. Also make sure that it doesn't provide restrictions that the underlying agreement doesn't dictate (such as the requirement to purchase maintenance, etc).

3) Downgrade rights. Not all software automatically has downgrade rights. Attachmate products for example frequently do not permit downgrade rights unless you procure maintenance. If your technical organization needs to run older versions of the software make sure your agreement provides for you to procure additional licenses but still run the version that meets the needs of your organization.

4) Definition of the Enterprise, entity, affiliates, etc. Make sure this definition fits your organizations needs. Signing an agreement that defines your Enterprise as being all "Knowledge Workers" for example, isn't necessarily a good fit if you have a large percentage of users who do not use the technology being licensed (for example, licensing all your "Knowledge Workers" for the Microsoft Core CAL when you have a significant percentage that are on Novell and Notes with no Microsoft interaction except the Windows Server CAL). By definition you would have to procure licenses that would never be used and cost far more than the license you do need.

While many of these apply to organizations of all sizes, I find that the small/mid-size organizations that rely more heavily on their IT or licensing staff to negotiate the contracts often catch these before signing (but yes, Procurement plays an important part so there may be many other costly mistakes these non-Procurement folks are making).

My recommenation - Procurement, make sure the final review process includes your internal Licensing Expert (if you have one) or your IT team (if you don't have one). Also, give some solid consideration to having an external expert review it - the price tag is very reasonable and the risks are extremely high.

Network World Contest Giveaway!

2011-04-12T10:17:00.000-07:00

Great news to anyone who has wanted to attend our Microsoft Licensing Webinar course but was having trouble getting the budget to cover the costs...we've joined together with Network World to offer one free seat in our upcoming May training. Check out the Network World contest! Hope to see you win!

Microsoft Licensing an In-depth Webinar Course

2011-03-01T16:20:00.000-08:00

For years I've been asked to teach a class on Microsoft licensing. Not the surface stuff you find out easily but the in-depth ins and outs that folks responsible for appropriately licensing (or architecting) their environment need to know about.

My only problem with doing so is that adult retention isn't that great...so I'd pour tons of information into their brains for hours on end and they'd walk away knowing maybe 3 key items. That doesn't solve the problem!

Now, I've finally done it in a way I can feel good about...a webinar series that is recorded and made available to attendees after they walk away! The course is broken down into 5 consecutive weekly webinars lasting 2 hours each (that's 10 hours of actual content, but served in bite sized chunks).

This will allow attendees to:

Learn in-depth Microsoft licensing details from an independent expert,
Eliminate licensing ambiguities when negotiating Microsoft agreements,
Save money through better leveraging licensing and knowing key negotiating tips,
Be able to review content "on demand" after completion of the course while saving on travel costs!

Early bird discounts are available for the first series until March 9, 2011...each early bird window closes two weeks prior to the start of training.

Check out the course here.

Software Asset Management - 2011

2011-02-28T12:59:00.000-08:00

What is it about 2011 that makes me think...we have officially reached "the future"? Is it just that I'm now so old that when I thought forward to the future it was anything after 2010? Probably...but since old age seems to keep growing further and further away from me as I age, I refuse to accept that as the answer, LOL!

What will happen to Software Asset Management in 2011? My crystal ball is far from perfect but I'll take a stab at predicting this year anyway...

Software audits rise - sorry, I know you've been hearing that threat for years but based on what I've seen so far in 2011 I think you can count on it as a fact. As the economy (and therefore companies) see an improvement I think you'll find publishers starting to come forward to find out what you have (and haven't) been doing in the past couple of years. They know you've been spending less money with them, so they want to make sure you've been licensing appropriately. Software audits are expensive (even if you're fully compliant and don't have to buy anything), so before you respond please reach out to us to see how we can help!

Cloud Computing continues to grow and initially companies will manage these in a decentralized fashion (you buy it, you manage it). Hopefully some will remember lessons learned from the past and have these managed centrally by their Software Asset Manager. When I spoke on this topic at the IAITAM Conference two years ago there was a lot of uncertainty from Software Asset Managers as to who owned this responsibility - frankly the role that owns it is the role that steps forward to take control of it. My suggestion is that a saavy SAM Manager will realize that they add value to this function and this function adds value to their position. If you don't have your controls in place for managing Cloud contracts, please talk to us about appropriate processes and controls.

The role of the CIO will become more ambiguous. OK, so this isn't SAM but it is important to SAM. I think we are clearly seeing the assimilation of IT into the whole of the business. Regardless of industry, IT is critical to all areas of the business and business owners are going to want more control of it. While a certain amount of centralization and segregation of duty is imperative to maintain controls and manage cost, I will not be surprised to see the role of the CIO disappear. However; on the flip side, I think you will start seeing more former CIO's transition into the role of the COO (possibly a natural evolution as CIO's have long been advised to become intimately familiar of all the business units they are serving). If this transition does take place, you might well see the role of SAM Manager follow suite (especially if the SAM Manager has taken on the Cloud Computing aspect). Is my crystal ball failing me or do others see the same? Let me know!

One thing I do know for certain is that Cynthia Farren Consulting will launch an updated website in 2011 (OK, I cheated...since it already launched earlier this month). We tried to simplify matters and provide more valuable content - let us know how we did!

Walking Away From a Microsoft Licensing Agreement

2010-08-19T11:51:00.000-07:00

When finances are tight it's not uncommon for companies to start expiring their maintenance contracts, including software maintenance.

As with any maintenance agreement that is allowed to expire, it's important that an organization understand the full implications of their actions so that it is a strategic event rather than a reactionary one. This is a big topic so will cover several postings - check back for more updates or e-mail us with specific questions.

Microsoft has three primary ways for an organization to acquire licensing rights - subscription licensing (Microsoft Desktop Optimization Pack aka MDOP is an example), perpetual licensing (their traditional model where once you buy it you own the rights forever), or perpetual with maintenance (Microsoft Software Assurance aka SA).

Subscription licensing expires at the end of the subscription agreement (unless there is a buy-out option). I'm not going into details on this type for this article.

Perpetual licensing does not expire but also does not have upgrade rights. So again will not be discussed in this article.

Perpetual licensing with Software Assurance includes upgrade rights until the SA expires. When SA expires, your organization is entitled to the latest version of the product which has been released to volume licensing customers. Those licenses then become perpetual licenses but inherit the licensing terms from the agreement under which they were acquired.

For example, a customer who had a full platform Microsoft Enterprise Agreement (which automatically includes SA)which they allowed to expire at the end of May 2010 would walk away with perpetual licenses for the following Microsoft products: Office Professional Plus 2010, Windows Server 2008 Client Access License (CAL), Exchange Server 2010 Standard CAL, SharePoint Server 2010 Standard CAL, System Center Configuration Manager 2007 R2 Client Management License and Windows 7 Enterprise (but be aware of any subscription components, those are not perpetual).

However; those perpetual licenses will always be restricted to the licensing rights under the Enterprise Agreement (for example, no secondary use rights for Microsoft Office which means if a user has a desktop and a laptop each would require its own license).

While a license is covered under SA, it is at it's most flexible. Consider your future plans prior to allowing SA to expire. A couple of things to think about:

1) Will you be using any of the enhanced functionality of the Microsoft Enterprise CAL Suite?
2) Will you be increasing your server virtualization efforts and will Microsoft Windows Enterprise Server or Microsoft Windows Datacenter edition provide you with a more cost effective solution?
3) Are you licensed under Device CALs when User CALs might be more effective or vice versa - these can only be changed at time of renewal and guess what...you're not renewing. However; now is still the time to push the envelope on this (before expiration) as there are ways of getting this changed as long as you still have active SA.

The first two scenario's would be covered by "Step-up" licenses from lower versions carrying SA. This allows you to leverage the monies you've already spent on the lesser edition by paying a reduced price for the higher edition but can only be completed while you have active SA on the product.

Watch for more to come...or if you're considering walking away from a Microsoft Licensing Agreement talk to us first, it can help you avoid future costs and headaches!

Microsoft Revamps Partner Program – Costly licensing impact on Partners?

2010-06-28T09:52:00.000-07:00

Microsoft has a very generous internal use license program for its partners. In generalities, a Microsoft Certified Partner gets 25 copies of most all desktop software (and Client Access Licenses – CALs) and 1 or 2 server licenses each for most server technology for internal use in the form of annual license grants; a Microsoft Gold Certified Partner gets 100 copies of most desktop software and 1 to 5 server licenses each for most server software. There are additional license grants based upon expertise “competency”. These amounts can be multiplied by each location that qualifies at the same level as the overall company up to a maximum (along the lines of 500 desktop and 2 to 25 servers for Microsoft Gold Partners).

These license grants are obviously very valuable to Microsoft Partners in helping them minimize the cost of running their organization. However; Microsoft is now changing their partner program (for the first time in a long time) which will end up reducing the number of internal use software license grants for most partners.

The new Microsoft Partner Network will replace the designations of Registered, Certified and Gold Certified with Subscriber, Competency and Advanced Competency. While there are some changes at the Registered and Certified levels (Subscriber and Competency) as it pertains to licensing the real impact comes to Gold Certified Partners who will not qualify for the Advanced Competency designation.

$300k Example:
One of my Software Asset Management customers is a Microsoft Gold Certified Partner with 1 additional enrolled location and several competencies. This entitles them to about 200 copies of most desktop software and CALs and a number of server licenses including 10 Microsoft Windows Server Enterprise license grants and 8 Microsoft Windows Server Datacenter processor license grants. However; this company will not qualify as an Advanced Competency partner so will instead drop down to a Competency Partner (think Certified Partner). Assuming they continue to have 1 additional enrolled location this will drop their license grants to 50 copies of most desktop software and CALs and about 2 server licenses for some servers (Microsoft Windows Server Datacenter will not be included). The financial implication of this is over $300k.

Even those partners that do not lose their current level in the program will feel some impact from licenses being excluded from the core licensing (for example, Windows Server Datacenter edition will not be part of the core licenses).

One of the hardest challenges is that IT typically manages the licenses and yet the business typically manages the partnering relationships. If these impacts are not discussed between both teams internally there could be a large number of former Microsoft partners who are now out of compliance in their licensing.

Understanding the Dates:
Each year partners have to re-enroll in the program. Those partners who re-enroll prior to 10/10/2010 (now changed to end of October) will be renewing under the existing designations of Registered, Certified or Gold Certified and will have their annual license grants based upon that enrollment. At their anniversary date in 2011 their licensing grants would change. For partners who re-enroll after 10/10/2010 (now changed to end of October) they will be renewing under the new designations and the new licensing grants will take effect. There are other changes that take effect regardless of enrollment status effective 10/10/2010 (now changed to end of October) so please be aware that this information is only as it pertains to license grants.

What to Do:
Obviously it is very important for current Microsoft Partner’s to clearly understand the requirements of the new program and where their company will fit within this program. Microsoft is doing a lot to help and their Partner desk is extremely helpful so leverage these resources! Take a good look at the license calculator tool to determine what your new license grants will be and start the budgeting and communication process internally to avoid a surprise hit to your software budget next year.

If things get too confusing or time consuming, consider hiring a professional to handle the transition for you.

Mergers & Acquisitions - Software Licensing in the Due Diligence Process

2010-05-17T10:18:00.000-07:00

It's been said that 2010 is the year of M&A (LOL...again, there have been many years in the past that have also held that moniker) and having just seen a posting on LinkedIn on this topic reminded me that it's probably time to blog about it again (check out my earlier posting on this topic for additional information).

There are lots of things to be considered, but I'm going to focus on the company doing the acquiring for this posting - if you need other scenarios check out our whitepaper on the topic.

There are typically two scenarios in acquiring: (1) you don't acquire any of the IT assets, or (2) you acquire all the assets of the company, including IT assets. The first scenario is simple as you know walking in that you have to provide these assets yourself. The second scenario is where the waters get muddy.

If acquiring all of the assets, the assumption is typically made that all the software installed at time of acquisition is (a) properly licensed and (b) the license will transfer to the acquiring company. Unfortunately, these are both naive assumptions and too frequently incorrect.

In the ideal situation, IT would have the opportunity to receive the licensing statement (including copies of contracts and proof of licensing) for the company being acquired in advance so it could be factored into the valuation of the company (remember software is frequently the 2nd or 3rd largest line item in the IT budget and represents significant expense).

However; reality is that acquisitions are typically completed without IT's involvement or even if IT is involved they are very limited in the information that can be shared in advance of the completion of the deal.

So, how can IT help the company avoid acquiring someone else's licensing headache? Through education and quick follow up.

A couple of basic steps:

1) Get the issue on the table in advance of M&A activity. During M&A you're going to have a hard time getting the attention of the proper parties so preempt the situation.

2) Get some allies on the topic - legal counsel, CFO, compliance officer and purchasing officer are all key allies. Obviously this means senior level IT to senior level operations discussions.

3) Create a high level IT due diligence checklist of what IT truly needs to (a) help avoid large unnecessary costs and (b) ease integration post acquisition.

4) With the aid of your allies, get the IT due diligence checklist added to the overall company due diligence checklist. Be prepared for push back and be able to quantify through hard dollar and compliance risks the reason behind each item.

5) Post acqusition, work fast. Not only do you have a mandate to get the company integrated but you also need to ensure that if there are any licensing costs associated with acquisition that you're able to identify those for proper accounting in the financial statements as part of the acquisition cost.

Get help - understanding the licensing terms for each major publisher and the transferability of those licenses can be a daunting task. Now is the time to focus on integrating your two companies, have an expert handle the acqusition licensing issues for you.

Any other suggestions? Post them!

Microsoft SQL Server 2008 R2 Licensing Changes - CALs Also!

2010-04-30T09:41:00.000-07:00

(Updated 5/18/10 based on info from Microsoft)

I heard an ugly rumor yesterday about Microsoft SQL Server 2008 R2 from Gaby Amar at Softmart saying that in order to use SQL Server 2008 R2 in a server/CAL model you will have to have 2008 R2 CALs as well (typically for R2 releases you don't need an updated CAL). Well...checked it out with Microsoft licensing and he was absolutely correct (I should have known better than to be surprised, LOL)!

Basically, Microsoft SQL Server 2008 R2 is a major release (think in terms of a release such as Microsoft SQL Server 2000 to Microsoft SQL Server 2005) so don't let the lack of year change in the naming convention fool you.

Customers who have active Microsoft Software Assurance on their exisiting SQL Server products will have the new release rights, but those that don't will need to purchase new licenses in order to run the software (for those who run in Server/CAL mode this means both new server licenses and new CAL licenses).

CAL Requirements

If you have Microsoft Software Assurance currently in effect on your SQL Server CALs, then you are entitled to SQL Server 2008 R2 CALs
If you do not have Software Assurance, you must have SQL Server 2008 R2 CALs to run SQL Server 2008 R2 using the Server/CAL software licensing model (in other words...don't try to run with your older SQL Server 2008 CALs).

You may be wondering why I'm making such a big deal about this...after all it is a new release, of course new licenses are required. My point is this: it is a departure from how Microsoft has licensed Windows Server 2008 and Windows Server 2008 R2 where the Windows Server 2008 CAL can still be used on the newer version Windows Server 2008 R2.

Additionally, there are changes to the processor licensing for SQL Server 2008 R2. You might want to check out some of these resources for more information on this and other SQL Server 2008 R2 changes.

Microsoft has provided the following links for further information on licensing:

The SQL licensing quick reference guide: http://www.microsoft.com/sqlserver/2008/en/us/licensing.aspx
Direct link to the guide: http://download.microsoft.com/download/2/7/0/270B6380-8B38-4268-8AD0-F480A139AB19/SQL2008R2_LicensingQuickReference-updated.pdf
Overall SQL Server 2008 Licensing FAQ: http://www.microsoft.com/sqlserver/2008/en/us/licensing-faq.aspx
Microsoft SQL Site: http://www.microsoft.com/sqlserver/2008/en/us/
Product Use Rights has info on the following products: R2 CALs (OCS, System Center Configuration Manager, System Center Operations Manager, System Center Virtual Machine Manager) http://www.microsoft.com/licensing/about-licensing/product-licensing.aspx

For more information on virtualization and SQL Server 2008 R2 check out Andrew Fryer's blog.

If you have any questions - let me know! This is a huge change in Microsoft's licensing trend.

Software Licensing - Gaming the System

2010-04-15T10:54:00.000-07:00

It seems in a number of my recent conversations with a major software publisher (who has one of the most complex licensing structures going)...that they keep referencing companies that "Game the System" and what a wrong thing that is to do.

Question - when they make the rules, can you really ever "Game the System"? Don't get me wrong, we specialize in helping customers get creative with how to reduce their licensing costs for their software...but if it's allowed within their convoluted licensing terms, how can you be doing anything wrong?

Take the IRS for example (since it's April 15th), their rules are complex (far more complex than any software publisher) but they expect you to take advantage of every credit that you are entitled to through their rules. They don't call foul and say you're "Gaming the System" when you take advantage of rules that work in your favor. Why should a software publisher?

LOL - yes, I did just compare this software publisher to the IRS...LOL!

Frankly, the ones who write the rules hold the cards - if you can work within those rules and minimize your costs, who are they to complain? If they don't like it, they can change their rules.

What do you think...is it possible to "Game the System" in a negative way?

Resellers and Publishers in the world of Software License Management

2010-03-10T08:11:00.000-08:00

I woke up this morning to a great Twitter from a good friend and great coach Jak Plihal (http://www.beingsolutions.com/). It was the quote:

"It is hard to get a man to understand something, if his living depends on him not understanding it." by Upton Sinclair.

To me, this perfectly explains the relationship between resellers (VARs, LARs, and any other acronym that is responsible for selling you software), software publishers and the details of software licensing.

There are details in software licensing agreements and product use rights that can be turned to a benefit for a company in legally reducing their software licensing costs...but you're not going to find them all out by asking your reseller or publisher for help.

Why? Not because they are necessarily trying to mislead you or keep you in ignorance - instead it's because they honestly don't even think of those options...because their living (or magnitude of it) depends on them not thinking of those options.

Now, there are definitely some that are better than others (I love working with Softmart for example as their reps have demonstrated to me a strong ability to keep the customer's needs in focus) but as long as their income relies upon what you buy then Upton Sinclair's quote will continue to apply.

When it comes to negotiating the best deal for licensing - the bulk of the savings opportunities comes from making full use of the product use rights and volume licensing agreements terms - not from the discount you negotiate (or not from the discount you negotiate without knowing these items intimately). Get your advice and education from an independent expert...know in advance who profits from your purchase and what their motivation is so you can better analyze their advice.

Remember, "It is hard to get a man to understand something, if his living depends on him not understanding it." Upton Sinclair.

Thanks Jak!

The Timebomb - IT Backoffice Applications

2010-03-02T13:18:00.000-08:00

We seem to spend so much time focusing on desktop licensing and trying to get that right...but frequently it is our IT backoffice applications that get us into trouble.

Despite change control on our desktops and servers, it seems that we continue to find an abnormally high number of IT management tools that are underlicensed. This is also an area where we find a lot of functionality redundancy.

IT will police the end users, but typically no one is policing IT's software. Here are some common costly issues we see at new customers:

Symantec NetBackup - it may be part of standard operations to automatically cover new servers by the technology but where is the automatic purchasing of the necessary additional licenses? Also we frequently see resellers selling the Express program licenses, even when the customer is already a Rewards program customer - make sure you're getting the benefits of your overall Symantec spend on each purchase.

Development/Test/Disaster Recovery - typically all of these instances require licensing. Make sure your servers are licensed appropriately, don't assume you can build a Test server and not license it!

Imaging/Virus scan/Desktop management - yes these are all standards of doing business but frequently they don't get reviewed to ensure that sufficient licenses exist to cover usage.

Client Access Licenses - if you're running Microsoft Windows server, each user or device requires a CAL. If you then add Sharepoint on that server, you also then need a CAL for that. If you're running SQL server to support Sharepoint, you need a CAL or a processor license for SQL. The list goes on and on...if you're using the resources of the server chances are there is a corresponding license requirement. This typically falls to IT to manage.

In short, make sure you're looking at licensing requirements on your IT management apps as well as your end-user apps.

As always, if you need help - let us know!

Software Licensing - 2010

2009-12-31T12:40:00.000-08:00

Wow, can't say I'm upset to see the end of 2009! Having been in business since 1999 I've seen some ups and downs (think California, technology, early 2000's...ouch!) and am happy that with business maturity comes a certain tolerance to economy and business shifts...but I'm ready for this year to be over!

What's in store for licensing in 2010? I think we will continue to see a lot of acquisitions occur this year - which means eventual changes to volume licensing agreements. Be sure to keep an eye on mergers, acquisitions and divestitures to see which of your software licenses are impacted. It typically takes at least a year for any changes to volume licensing agreements but it might have a big impact on your maintenance decisions.

For Microsoft users there will be several new releases this year in Office, SharePoint and SQL Server to name a few. SQL Server is also being purported to have a couple of new editions and changes to some of the licensing terms (in particular SQL Enterprise and SQL Datacenter edition). Be sure to keep a close eye on these, especially if you have a virtualized model.

SaaS will continue to feel it's way and don't be surprised to hear more about the Microsoft Enterprise Subscription agreement...an agreement that has long existed but (in my opinion...as is all of this blog) wasn't priced well for most businesses.

Also, for those renewing Microsoft agreements there are some changes to your terms and conditions that you might not be aware of...the loss of the 30 day "grace" period on renewing of Software Assurance and an increase to 90 days for notice of change of reseller (hint, this determines who gets paid for your purchases and impacts any incentives resellers will offer to you - be sure to handle this on a timely basis if changing. You don't want the reseller you're "firing" to get paid for the renewal you do next month.)

What do you expect to see happen with software in 2010? Any licensing trends you know are happening or changes to PURs?

SaaS Contracts - A function of Software Asset Management?

2009-10-19T23:10:00.000-07:00

Earlier this month I spoke at the IAITAM conference in Nevada on the topic of Licensing Implications in the Cloud (Saas), it was a lively group and an interesting subject. However; the most interesting piece was the conversation it sparked about "Should Software Asset Management (SAM) be responsible for SaaS?".

For me the not so private laugh was the fact that several audience members asked the question right when we got to my slide asking the same question...always nice to have evidence that I do think like a SAM Manager! OK, thanks for sharing my pat on the back...

This is a topic we hear more frequently at our clients. Does subscription software such as SaaS belong under the SAM umbrella or does it belong elsewhere? Certainly businesses have used subscription software for a long time, and commonly it is not handled by IT but instead handled by the business unit that is using the service (think Payroll, HR services, etc).

I don't think there is a global answer for this, but I would urge companies to think about what's at stake if that subscription is suddenly no longer available. What happens if the provider goes out of business or the server hosting the service fails? These are examples of topics that belong in the contract signed for the service...but will a business unit necessarily think to negotiate these into the contract? How is the usage being tracked to ensure that the billing is accurate? Is the business unit going to track it or are they just going to pay the bills (start thinking telecom audit if you don't think subscription billings can be inaccurate)?

While subscription software services might not fall under the traditional SAM umbrella, it needs to fall under someone's umbrella and the SAM Manager is probably the best suited to take on the challenge.

Would love to hear other's thoughts on this...

Practical Advice to Reduce the Cost of Your Software Spend

2009-09-03T08:30:00.000-07:00

It is not uncommon for software licensing and maintenance to be the 1st or 2nd largest budget line item for a company, so for all those companies getting ready to go into their budgeting cycle during this tough economy...reducing that number is going to be key to getting budgets approved and getting other key IT projects into the budget.

Here are some practical steps to reducing the cost of your software spend:

Get informed - What software contracts do you have, when do they renew, what soft costs are included in the price tag, who's using the software and why?
Clean house - Get rid of items not being used or consolidate where two products cover the same functionality (particularly key in IT management software). Focus on products you're still paying for, not those that aren't costing you any licensing fees currently.
Research - For your software contracts, when is the publisher's year end (and by default their quarter ends)? Same thing for your reseller. Can you modify any of your contracts to fit those time periods? What would you want in exchange for making these modifications? What new technology are you implementing this year? Does that tie into any of your publishers "hot new products"?
Examine all software maintenance contracts - Is maintenance mandatory or optional, what value have you received from maintenance to date, what is the roadmap for that product for the future and does it fit the timeline of your maintenance fees, are you fully leveraging what you've already spent?
Evaluate your software reseller - How many resellers are you using? (If multiple, consider consolidation - and ask for increased savings in return.) How are they performing? What value are they bringing to the table for you? How dialed in are they to the publishers, their product use rights, incentives, licensing programs, roadmaps?
Ask for help - Throw a challenge to your resellers and the publishers, have a clear picture of what you want as the outcome and ask for their help in reaching that outcome. Do this early in the game, it doesn't matter if your contract isn't up until next August - is there a significant financial benefit to renewing in December, May, June?
Negotiate, Negotiate, Negotiate - Everyone is hurting in this market which means deals will be made. Play fair, recognize that everyone needs to make a profit to survive but make sure that profit includes your company.

This takes some leg work, it takes some investment of time and it takes some creativity but the payoffs are there. Alternatively, ask for help.

What Your Software Inventory Tool Isn't Telling You!

2009-08-13T12:50:00.001-07:00

Hopefully by now you've realized that in order to manage your software (or other IT assets) you need to have an inventory tool. As you will know from my other posts, you can't stop there...but it is a good place to start.

However; you need to understand your tool and how it reports data to you. Otherwise you might get an ugly surprise later on down the road when you find software installed on your systems that wasn't showing on your reports!

Inventory tools have a database of software titles associated with publisher and typically associated with a flag to indicate if it is licensable software (versus freeware, etc). The completeness of this database is the biggest value to you of the tool. With most tools if an executable is not in this database than it gets grouped into a "Misc" category and will fall into an exception report, a "catch all" report or might not be reported at all.

This could include new releases from publishers or simply publishers that your tool publisher doesn't categorize. These "unidentified" programs can cause you a lot of headaches - from a security, licensing and support angle.

Most inventory tools are updated on an ongoing basis as the publisher becomes aware of new software, but if you're not keeping current on your maintenance with that software you might not be getting this updated information.

Protect yourself - keep your maintenance current on any inventory tools you use, check the frequency of the tool publishers updates and include a check of "Misc" or "Catch All" software reports in your Software Asset Management process.

Additionally, if you are concerned about potential risk in this area you might want to consider having all of your software identified. Software ID Technologies has services that will identify all software in your environment. We've teamed with them on a number of engagements and they do a good job of taking the mystery out of those "unidentified" applications.

Software Asset Management, Common Sense and Saving Money

2009-07-16T10:39:00.000-07:00

Have you ever noticed how cyclical everything seems to be in this world? Well, one of the cycles I've watched since the early 1990's has been Software Asset Management.

The cycle (at least in the US, I frankly didn't track it much internationally) seems to be: Avoiding the topic, Awareness of an issue, Deciding to do something about the problem, Doing a full fledged project, Pairing that project down, Letting nature take care of itself and then the cycle starts again.

Obviously there may be some missing stages and some more "refined" terms than those I used but the basic concept is the same. When times are lush we seem to get into this phase where we feel the need to do a full bore SAM methodology but as soon as money and resources get tight we abandon the methodology in favor of "just making due".

This topic has been reinforced to me lately through two things: (1) a brand new client who emphasized the desire to have a "ala carte" proposal for SAM implementation - our existing clients know that providing options is the ONLY way we work, and (2) reading a fellow SAM practioner's (Kylie Fowler) blog which focuses on the "practical" side of ITAM and SAM (check it out...some great information).

In all our methodologies, let's not loose sight of the basic concept here...SAM is supposed to save money, manage risk and provide the business with the technology tools needed to be competitive. None of this requires complexity, extraordinary costs and it should all fit easily into common sense business practices.

If you're finding yourself ignoring your SAM methodology to run your business, do a quick re-evaluation of the methodology. What is valuable and what is just extra work? Streamline it, modify it, replace it with something simpler...do what you have to do, but don't abandon or ignore it altogether as you'll then be doomed to repeat the cycle (losing out on all those great cost savings and risk management in the meantime!).

If this is still too much for your business right now - consider outsourcing your SAM. We do this for a number of clients and they've found that (a) our costs are ridiculously low compared to in=house, (b) we typically save them more than our annual fee in increased savings, and (c) it frees their staff up to focus on running the business. Talk to me if this is of interest to you.

Ways to Cut Costs - Software Licensing

2009-06-02T14:42:00.000-07:00

It's funny - when times are lush, companies feel they don't have the time to put in a SAM program...when times are tight, companies feel they don't have the money to put in a SAM program.

Unfortunately, it's a Catch 22...if you had a SAM program, your staff would have more time because they would be more efficient and you'd have more money because you wouldn't be wasting it on higher maintenance fees and over priced products.

Sorry, I'm on my soapbox and I know it. Just remember, it doesn't take as much time or as much money as you think it does and the benefits far outweigh the costs.

Two recent items have come up that impact the costs of software licensing:

1) Microsoft Financing - they've just changed the rules.
2) Webinar Series "Cutting Costs - Software Negotiation"

Microsoft Financing (for those of you who didn't know it, Microsoft will finance your deals that involve purchases of Microsoft software as well as hardware and other services) has changed the rules a bit. It used to be that you didn't have to buy much software to finance your whole deal...apparently they are now going to require that at least 35% of the deal be for Microsoft software. Read the details for Scott Bekker's blog.

Webinar Series on cutting costs through software negotiations. For 10 years we've been helping our clients cut their costs (after they've already internally negotiated the deals). We're now offering a webinar to help teach you some of our techniques. This series isn't about contract law, it's about understanding the insides of the deal and turning it into cash and benefits for your company.

So, I know many of you are trying not to spend money right now on software...don't forget - those annual maintenance agreements you're paying is still spending money and many of them can still be renegotiated to lower your costs!

Software Licensing - What You Don't Know Can Cost You!

2009-02-22T16:24:00.000-08:00

I was having a conversation with a gentleman on Friday night at a business mixer and discovered that he was an IT infrastructure consultant advising a fairly large size enterprise on a new structure to support their very distributed user-base.

During the conversation he mentioned his surprise at the amount of money it was going to cost his client to implement Microsoft Office 2007 for their 7500 users. We talked a little more as I wanted to understand what program the company was considering purchasing through - and I found out that they had formerly had Software Assurance but it had expired almost 2 years ago. What this consultant didn't know (and neither did his client and no one else was bothering to point it out) is that Office 2007 was released to the general public on 1/27/2007 and (don't quote me on this date) was available to their volume licensing customers around October 2006. Software Assurance entitles you to the latest version of the software released as of your expiration date - whether you've installed it or not. That is in perpetuity (for traditional licensing).

The result being, that was $2m the client was going to spend for software they were already licensed for! I told the consultant to go back to the client and have them review their licensing statement of the Microsoft Volume Licensing web site to make sure dates were good but that it looked like that was money they could keep in the bank (and to hire us in to review the rest of their licensing plans to avoid any other costly mistakes).

This is an area where we frequently find clients uninformed or misinformed. Talk to an unbiased licensing professional before making a software investment - what you don't know can cost you a lot of money!

Software Licensing - IT Cost Savings Opportunities

2008-12-12T07:16:00.000-08:00

If you've followed this blog at all you know that a recurring theme is the money saving opportunities inherent in a successful Software Asset Management program (just ask our client who has outsourced their SAM program to us...and already saved double our annual fee in just the second month of the program). However; this month I want to focus on some specific technology projects that can save significantly on software licensing costs.

This list is by no means comprehensive, so if you've had success with others please share!

1) Server Virtualization - it's on everyones list anyway...but it's also an area where I see frequent mis-management of licensing so please, do it right! See the Microsoft licensing snapshot below and then do the math of what is the most effective for your organization (and as always, consider future growth).

Microsoft virtual server licensing in a snapshot:

Windows Server Standard allows for 1 install (and technically 1 physical instance to enable the virtual environment),
Windows Server Enterprise allows for 4 virtual instances and 1 physical instance (but that instance is only allowable to enable the virtual environment, this does NOT mean that Enterprise allows 5 fully functioning installs),
Windows Server Datacenter allows for unlimited installs but is licensed per processor (and typically costs about the same amount per processor as Windows Enterprise does per server).

2) SQL Server 2005 upgrade - if you still have a SQL Server 2000 environment, consider upgrading.

OK, this could come under the category of spending money - but considering how many of these I've found were never fully licensed in the first place you might find it helps you finally get fully licensed but for less money.

SQL Server 2005 technology and licensing enables many companies to move away from the need for the Enterprise edition and duplication of licensing through higher ceilings on size for Standard and the change in clustering and failover licensing.

3) Look at your network utilities. How much redundancy do you have between your products?

I see it time and time again, a company has a patch management tool and a desktop configuration tool and a asset discovery tool and a software deployment tool and a ....

However; take a took at the toolsets offered by your 3 primary tools. Do not be surprised to find that they've expanded functionality into an area you're covering with a different tool. Find out if you're paying the extra money because it truly adds value to the organization or if it's simply out of habit and a need for education on a tools features.

On a wrap up note, there's plenty of money left on the table with technology. This might be a really good time to gather that money up and put it back to work for your company.

I've found a new site focusing on ITAM and SAM, I recommend checking it out...The ITAM Review.

Happy Holidays and a successful and joyous New Year!

Software Licensing and Tough Economies

2008-10-27T15:04:00.000-07:00

Is your company tightening its pursestrings? Have you been told to hold off on all "unnecessary purchases" for a couple of quarters? Did your 2009 budget just go through rather drastic cuts? Have layoffs occurred or are they looming?

If you answered yes to any of the above, you're not alone. For any of us who came through the "Dot Bust" of the early 2000's (particularly in Northern California), we may remember these signs well. I remember heading into it (as a not yet 2 year old consulting business) and the phases that it went through. However; I also have worked with many businesses since and have seen the outcome of decisions they made to "save costs" that had long term negative impact.

Here are some things to think about:
1) You can't manage what you don't know. Software costs are one of the line items you're going to be watching closely - make sure you have the tools in place to tell you exactly what is being used and what you own. Then you can continue to provide your business users with the tools they need to do their job but ensure that you're not over-purchasing in this category.

2) Servers and client access licenses - get expert advice. This is consistently the area where I see costly mistakes being made, typically on the basis of relying on the knowledge of someone who doesn't keep current with publisher's product use rights. A recent half day consultation with us saved one of our clients $30,000 in server licensing costs. This is an area where it doesn't cost much to get advice that can save you a bundle!

3) Review your maintenance agreements and renewal contracts - in the past several "lush" years we've seen many clients opting for convenience over cost savings. Now that things are leaner, you might need to re-think some of your past decisions to ensure they are meeting your current goals.

4) Evaluate your reseller. Just like #3 above, are the "value added services" provided by your reseller justifying their markup on your software? This is another area where that client we mentioned in #2 received significant benefit from that consultation. They needed to change resellers and leveraged us to make the change - it resulted in $15,000 in free consulting services from us as a "thank you" from their new reseller...that's paying for them to have us manage their software license situation monthly for the next year!

5) If you're downsizing and having to "do more with less", we can ensure you still have the information you need on a monthly basis to get full value of your software assets...for a fraction of the cost of doing it internally - call or e-mail me and free up some of your staffs limited time.

These are just some suggestions, the important thing to remember is this...in times of financial hardship it is our responsibility to ensure our decisions help our companies (a) survive the downturn, and (b) are positioned to prosper immediately in the upturn.

Digital Asset Management - Respecting IP and Staying Out of Trouble!

2008-09-10T13:00:00.000-07:00

Intellectual property rights cover a wide spectrum, and while I typically talk to software licensing IP - I don't want to overlook other forms of digital IP that can place an organization at risk if used improperly.

Just because something is available in digital format doesn't mean it can be readily copied, shared or paraphrased. Check those licenses! The hard part is that the digital format frequently makes it that much easier to do something wrong when it comes to IP.

It cost this California company $300,000 because they were internally distributing "press packages" that included unlicensed copies of articles. This was not an intentional act, it was a mistake made by someone who didn't know better...could this happen to your company?

I attended Scott Bain's (SIIA's Litigation Analyst) presentation "Reduce Legal Risks by Managing Digital Content" in June at ECPweb's SAM Summit 2008 in Chicago - a terrific presentation and education for me (I try to be very aware of potential IP issues...but I found that even so I had unknowingly acted illegally in the past when it came to digital piracy).

Let's think about some common examples of potential piracy: Music or Video's stored on your corporate network, subscription based content forwarded through e-mail or stored to the network for others to use, excerpts from e-mail newsletters that you copy and send to others...the list goes on.

I'll let you in on my guilt...like most professionals I get a number of newsletters e-mailed to me on a regular basis. Before I had it pointed out to me that it was wrong, I would think nothing of copying the full contents (author, etc) of an article and sending it to someone I felt would be interested. The problem - those e-mail newsletters are sponsored by companies that pay to have people see their ads...but circumventing the advertising I was cheating them. If you want to share, use the built in mechanism most newsletters have to "Share with a Friend", or send the link to the owners website so the person you're sharing with can access the source. Better yet, check the license terms for sharing the content.

There's a great educational site by the SIIA to help you and your employees make the right choices (www.AskBeforeYouAct.com). Digital assets are a bit tougher to monitor than software assets, but they are every bit as important to manage them appropriately.

Do It Yourself or Have a Professional Do It For You?

2008-08-12T17:09:00.000-07:00

Sorry I've been rather quiet the past couple of months...we've been launching a new service (or more accurately - finally marketing an old service) and that's been distracting me a bit.

What we're doing is finally offering our SAM managed services offering (LOL...OK, when we started doing this 10 years ago we were calling it Outsourcing) to all of our clients.

Basically, we do everything to give you the information you need to run your business with the appropriate software licensing at the appropriate cost. See, for us - that's easy. We live and breathe software licensing, processes, controls and negotiations. We keep up with what's going on in the marketplace, because it's our business. Typically companies (excluding large enterprises) simply can't dedicate the resources to do this in a cost efficient manner. For us to do it, the service pays for itself and you're not running the risk that you're relying on a staff member whose knowledge is from 2 versions ago.

We're not looking to replace your current staff members...we're looking to free up their time so they can focus on areas that move you forward.

Our service has been extremely successful - we've been told by our clients that the price is attractive, the deliverables timely and needed, and the independent relationship (not the reseller, etc) extremely beneficial and ties in well with internal governance programs.

However; I'm curious, what are your thoughts?...What would you want in such a service? How often would you want it? What would you want to pay for it? Would you want a service like this?

Here We Go Again...

2008-04-29T13:19:00.000-07:00

Let's take a walk down memory lane....the year is 1994 and a mid-size national firm (1,200 PC's) has a new software manager who realizes that the firm needs to be buying their software on a volume license, so she starts down the path of finding out everything she needs to know to make this happen.

Since there's no one she can find who can educate her on this, she turns to her reseller...who invests a lot of time and energy into educating her. Finally, time comes to seal the deal and another reseller walks in the door and tells her a few more things that the first reseller didn't tell her....things that would have a strong impact on the financial viability of the purchase.

Time passes, this software manager continues to learn and comes to realize that there were even more things she should have been told that neither reseller told her...that money was lost on the deal because she hadn't known them when the deal was made. Unfortunately, there hadn't been anyone to advise her that didn't have a vested interest in the deal.

Fast forward to 2008, that software manager (and yes...that was me) would no longer have to rely on the advice of a reseller...there are instead a number of small Software Asset Management (SAM) consulting firms that would appropriately advise her on all important aspects of the deal - helping her make the right choice and the best deal for her business.

However; we have to be careful that this valuable source of independent information remains available to consumers.

Most major resellers are now starting up SAM consulting businesses in response to publisher requirements. Here's the problem with that...since consulting isn't the primary business line a reseller can price their consulting services at a price that an independent firm can't compete with...and the next thing you know, the only source of information for you on that major purchase is someone who has a vested interest in the outcome...

Are we coming full circle? I hope not - the reason I started my firm in 1999 was because I saw a need for companies to have someone on their side of the deal....whether it's me or another small SAM firm, I don't want companies to lose that independent perspective.

What are your thoughts?

Realistic IT Budget Cuts and Finding More Money...

2008-04-08T07:36:00.000-07:00

Business...it's so cyclical. We go through lush years when the primary focus is just "getting things done" and we grow fat, then we hit a slow down and we suddenly have to watch our dollars and the primary focus becomes "get it done...but don't spend any money" and we are forced on a diet.

Unfortunately, in the directive to cut costs - we don't always do it in the best fashion. There are costs you can cut in your IT budget without impacting service - they never should have been there in the first place...they came from lack of time and desire for convenience.

Where to look:
1) Software licensing agreements and maintenance plans
2) Telecommunications costs
3) Outsourcing agreements

If you don't have the talent in-house to do this, hire it out.

A reputable consultant will be able to tell you after a quick look if there is money to be saved - so you should know without incurring costs (or possibly very minimal costs) to what magnitude your savings opportunities are - they should full justify the cost of the consultant plus significant savings to your organization.

Additionally - there is money on the table when you are signing or renewing a deal. Make sure you're working with an expert who knows how to get you the most from your negotiations.

Don't wait until your budget is due to start this process...get a jump start and get it done now - you know budget time is always a crunch...

Stop wasting money on your software purchases!

2008-01-31T11:56:00.000-08:00

LOL...OK, don't misread my title...you probably still need to spend money on software purchases - my point is, you should stop the waste that goes on in most purchases.

Are you getting the most you can out of your software purchases? I doubt it. Frankly, I've proven time and time again that companies aren't...you see, there really are "tricks" to doing this right and unless your purchasing agent has lived the experience from both the consulting and the reseller side, they're not going to know them.

A couple of examples of major savings we negotiated this past year:

$260,000 on a $1.6m purchase through leveraging publisher relationship
$65,000 in free services on that same purchase through leveraging vendor relationship
$150,000 in savings on hardware purchase associated with that same software purchase
$180,000 in savings through education on product use rights options
$15,000 in free services on a $200,000 purchase through leveraging vendor relationship
$52,000 in free services on a $900k purchase through leveraging vendor relationship
$250,000 in savings through education on product use rights options

Now, these were all fairly large purchases....but percentage wise these are still sizeable dollar savings. In all cases, these companies had saavy purchasing agents...but these are not deals those purchasing agents would have been able to negotiate. It requires someone who specializes in this industry to know the ins and outs and negotiate the best deals.

CIO Insight says 44% of the CIO's reported "cutting costs" as a top priority for 2008 (http://www.cioinsight.com/c/a/Research/Management-Priorities/).

CIO's know they are going to have to watch their spend this year...unfortunately too many assume that they're getting their best deal on their software because they've compared prices and negotiated agreements. But they don't know the money they're leaving on the table.

Call us before you make that next purchase...let us show you how much money we can save you - money you can spend on new projects rather than on just maintaining your software!

A Year's Worth of Lessons in Software Asset Management

2007-12-28T11:02:00.000-08:00

After 12 years in this industry I really wish I could claim that the problems we saw at new customers this year were different from those we've seen for the past years...but unfortunately that's really not the case.

First, there was the customer that contacted us after experiencing a BSA audit having paid out hundreds of thousands of dollars in fees and consulting dollars (lawyers, experts, etc). We assisted them in determining what they needed to purchase but they still wouldn't invest the small amount of money to put in an appropriate Software Asset Management (SAM) program (tracking software, processes, policies and product use rights education) or even consider outsourcing this issue.

Second, the customer who wanted some help negotiating a new volume licensing agreement. Unfortunately, when they had implemented their SQL Server 2005 environment with redundancy they failed to consult with an expert on product use rights (PUR's) so ended up implementing a solution requiring them to have duplicate SQL Server Enterprise processor licenses...a very expensive solution that could have been avoided with a quick phone call or e-mail.

Third, there was the customer who wanted our help in performing their Microsoft true-up. They had discussed their server virtualization project with their reseller in connection with their VMWare needs...but the reseller never asked about their actual server licenses. The 20 Windows Server Enterprise licenses they needed to purchase came as a complete surprise.

The list goes on...

The lesson to learn here is this: In Software Asset Management, spending a little money by having an expert on retainer can easily save ten-fold on your investment. Stop relying on internal staff who do not have the time or the resources to know the current PUR's on all your products, and don't take the word of anyone (including publishers, resellers or consultants) unless they back it up with publisher documentation.

I hope your 2008 is full of the positive rewards of an effective SAM program!

Software Asset Management – A Regulatory/Industry Compliance Perspective

2007-10-25T07:20:00.000-07:00

Software Asset Management (SAM) not only makes good business sense (lowers cost of software ownership, is integral to good security and enhances the productivity of technology workers) but it is also a key component in most of the regulatory and industry compliance requirements facing businesses today.

OK, I stretch on a few like HIPAA and Gramm-Leach-Bliley (GLB)…you can technically comply with these without SAM as long as you have hardware asset management, but still – you need to know where your computer assets are, who has access to them and be able to restrict what data can be loaded onto them.

But for Sarbanes Oxley (SOX) and the Payment Card Industry (PCI) Standards, it goes beyond that to actual SAM.

For SOX, there is a COBIT™ control objective which loosely states “Ensure that only appropriate software is installed in the environment”. Well, if you take that apart (which your auditors do…) then “appropriate” would mean (a) that you know what is appropriate and what is not, (b) that you have this documented somewhere, and (c) that it is licensed correctly. Additionally, to prove that you comply you need to be able to show what is installed in your environment and prove that you have a process that is documented and followed for periodically checking this information.

For PCI, you need to maintain a vulnerability program which has two requirements: (1) use and regularly update anti-virus software and (2) develop and maintain secure systems and applications. Both of these requirements come with a list of required items but basically it comes down to being able to ensure that every system has the most up-to-date virus protection and the latest approved security patches for all applications running on those systems. How do you ensure this information if you (a) don’t know what’s installed and where, and (b) don’t have a way of verifying what patch level it is at?

SAM makes good business sense, and it is required by many of the major regulatory/industry compliance requirements…so why are so many companies still avoiding it? Why the piecemeal approach that I see so often in the business place? Why do CIO’s and CFO’s eyes roll back in their heads when you mention SAM? I realize IT staffs are frequently overloaded and often do not have the necessary current information to maintain a SAM program – but isn’t that why we outsource?

Would love your insights…

Common Ways a Company Becomes Non-Compliant

2007-09-13T08:33:00.000-07:00

Over the years I've worked with a number of companies and what has become obvious to me is that - it is rare that a company knowingly pirates software.

So, how do so many companies become non-compliant on their software agreements?

1) Lack of proper processes (and adherence to those processes) for software acquisition, deployment and retirement.
2) Lack of a good asset inventory tool that will accurately and easily report on what is installed.
3) Lack of records of what is owned.
4) Misconception or lack of knowledge of product use rights.
5) Misconception or lack of knowledge of volume licensing agreement rights.

Of all of these, I find the last two to be the most universal and it's a combination of misconception and lack of knowledge. Of the two I find misconception the most dangerous...because the company thinks that they're doing things right so they never ask for help.

How do the misconceptions happen? Generally, through outdated knowledge or guesswork.

Some things to be aware of:

1) Different use rights exist for different versions as well as different forms of acquisition.

For example, Microsoft 2007 software (Office, Server, Operating System) acquired OEM normally does not allow for downgrade; however, if acquired through Open, Select or Enterprise it normally does allow for downgrade. This was not always the case, in the past it had been allowed...was it allowed when you did it? Reference - http://download.microsoft.com/download/d/2/3/d23b9533-169d-4996-b198-7b9d3fe15611/downgrade_chart.doc). How were you planning to handle those OEM Office 2007 that are coming in the door? Were you going to downgrade those to 2003 until you're ready to upgrade?

2) Test and Development servers need to comply with product use rights same as Production.

3) Your Developers may have the "Professional" version of the software for development purposes but not be licensed for those for business use - be careful what's being installed on their production machines.

4) Vendors selling you a solution dependent upon another companies technology may not always provide you with full/accurate information about the licensing requirements...do your homework.

5) Client Access Licenses - in general if you're using the resources of a server, you need some form of client license for each user/device. Watch this carefully, it's the most common problem we find.

Just to name a few...

So, how do you keep up and still do your job? Frankly, you don't. You bring in professionals to educate you and provide you with documentation from the publisher supporting that education (do not rely on anything else...if a problem comes up, you're the one holding the bag) which you retain in a centralized location until those licenses (and their future upgrades) are no longer in use.

Questions? Comments? Would love to see them...

Software Asset Management – Luxury or Necessity?

2007-07-31T23:14:00.000-07:00

I was speaking with a friend to day who asked me the question…is what you do a necessity or a luxury? I immediately responded that SAM is a necessity – but at the same time it made me really think about his question and about why he was asking it.

He’s a mortgage broker – and if you’ve watched the news at all, you know that there is a lot of pain going on in that industry. However; there is a lot of pain going on in a lot of industries right now, which is why he asked the question. If you think about it, while SAM is always important and there are always significant business reasons to do it – when things are tough financially and operationally it makes it even more important.

You can look at the figures all over and you will constantly see evidence that SAM saves companies around 30% on software costs in year one and about 10% on an annual basis. When you factor in the soft dollar savings on increased operational efficiency the savings go up dramatically. I know these numbers to be true based upon the results our clients have seen.

You could make the argument that while SAM is important, companies don’t need to hire consultants to do it for them so the hiring of a firm such as ours could be considered a luxury. True, companies can do it themselves…but unless you’re going to invest the time, money and energy to train someone within your organization to become a SAM expert – you will probably expend a fair amount of personnel time and then turn around and hire a professional when you don’t get the results you’re expecting.

Implementing a SAM program frequently involves a lot of esoteric knowledge – knowledge that is not necessary for ongoing maintenance but is necessary to provide the accurate evaluation of the current license and process status. Hire a professional to set up your program – let them put their expertise to work for you and train your staff on what it will take to maintain the program going forward.

So, unless you’re not going to buy software – SAM becomes even more important to you in lean times as it saves you considerable money, and hiring a professional to set up your program allows you to leverage their historical knowledge and expertise while at the same time ensuring that your staff only has to learn the pertinent information to maintain your program.

Has your company established a SAM program? Did you do it yourself or hire a professional? What was the outcome?

What's an acceptable "out of compliance" number?

2007-06-21T23:17:00.000-07:00

I was privy to an interesting conversation a few weeks ago...the topic was "What level of non-compliance is acceptable?". Basically the basis for the discussion was that being illegal on some licenses was to be expected but at what level does it become an issue.

Before jumping into all sorts of morality issues, I'll stop myself and instead put this in the context of...assuming it will cost me money to prove every single license, is there a point at which I can say "under this amount is not worth the cost"?

Now, morally I don't feel there is a number greater than zero that can be acceptable. If you can't prove licensing for a single product, you owe it to yourself and the publisher who invested their time and resources into its creation to buy the product (and then keep better records).

Getting off my moral high horse I will point out that running even a single copy of software that you can't prove licensing for is a risk to you and your organization. As with any risk to your organization, your organizations risk assessment framework should address this topic for you. But remember - you can't manage what you don't know and you can't apply a risk assessment if you don't have the details!

What are your thoughts?

Is the business world ready for embedded controls in software?

2007-05-20T11:05:00.000-07:00

I was at the SAM Summit last week (www.samsummit07.com - check it out for future years as I was very pleased with the dialog's started) and the topic of embedded controls came up (think Adobe's License Manager or Microsoft's Vista for example) in a small group session I was leading.

The question we were dealing with is "what did we think was the future or embedded controls and would the user community rebel". My group was a nice blend of 3 reps from end-user companies, 2 tool reps, 1 publisher rep and myself (a SAM services rep). Quite frankly, with this blend we didn't answer the question...but we had some great dialog.

From the industry side (tools & publisher) came the steadfast belief that these controls are here to stay and are necessary. From the end-user side came a lot of uncertainty and concern...but frankly none of them had even tested the controls yet to know if their concerns were founded.

Now, don't take me wrong...I am not envious of any company facing enterprise-wide rollout of software with embedded controls - I've lived in the IT world too long to think it's going to go smoothly. However; until we at least test it - it's pure speculation! I know some of my readers have to have tested (and some potentially deployed) software with embedded controls. What's your reaction? What has experience shown you?

Are embedded controls bad for the end-user community or can they do their job and simplify our SAM headaches? Who should have control over who the control reports to (publisher or internal SAM)? Give us your thoughts and experience.

Startups and Small Companies Exempt from Buying Software?

2007-04-09T01:02:00.000-07:00

I was at a CFO conference last month and had an interesting discussion with another attendee over lunch one day.

This attendee (we'll call him Jeb) is the CFO of a small firm in California. This is not his first time at being a CFO and is an intelligent, articulate gentleman who endorses an entrepreneurial spirit within his company.

The conversation started out the usual way with him asking what my firm does (Software Asset Management-SAM) and then asking a variety of questions about how SAM benefits companies. The conversation then turned towards compliance and he shared that a former company had been audited by the Business Software Alliance (BSA) right before he had gone to work for them and had been fined due to inappropriate use of software licenses. He described some of the financial and operational pain the company had experienced as a result of not being properly licensed.

Finally, the conversation turned to the financial impact of outfitting an organization with software licenses. Being a business owner myself, I could definitely commiserate with Jeb over the costs to properly outfit an organization. However; I was amazed to hear him share his viewpoint that start ups and small businesses shouldn't be expected to license every computer.

Frankly, I was blown away. Here was an intelligent, financial professional stating that companies should be allowed to break the law, steal intellectual property, and essentially mis-state their financial earnings (when you realize that they wouldn't be including a major cost to doing business...buying software).

Desperately trying to stay off of my soap box, I raised these issues with Jeb. I tried every logical argument to try to have him understand how integrally unethical his viewpoint is...I hope I at least gave him something to think about. Unfortunately, he's not alone in his viewpoint...can someone please explain to me how you can morally or ethically justify software piracy?

Weeks later and it still amazes me...

Software Asset Management - Past, Present and Future

2007-03-27T19:27:00.000-07:00

While enjoying a nice bottle of wine with a friend and fellow Software Asset Management consultant last week the topic of the future came up (which I think is probably pretty common when alcohol is involved), the future of Software Asset Management.

Well, we couldn't really discuss the future without rehashing the past and disecting the current.

History of Software Asset Management: SAM has been very cyclical in its popularity over the years. In the mid to late 1980’s when desktop computers were gaining in popularity within business there was a constant eye on the cost of such technology. Volume agreements and product use rights were very different from today with the minimum entry point for a volume discount being much higher and use rights flexibility such as concurrent usage being more current. Also during this time we saw the formation of the industry watch dogs (the Software Publishers Association and the Business Software Alliance) to educate and “police” organizations in regard to copyright infringement on software. In the early 1990’s there was a strong concern for the potential fees associated with being audited on improperly licensed software causing companies to implement SAM programs. The mid-1990’s saw a dramatic shift in volume license programs and product use rights creating a need for education on these changes and their impacts on organizations. The late-1990’s saw organizations moving away from a focus on SAM as publishers and industry watchdogs became more concerned about potential litigation. While there was some increase in attention due to the concerns around the Year 2000 problem, the cost cutting requirements of the early 2000’s had the effect of eliminating many internal controls as organizations cut positions. Now, in the mid-2000’s we see an increased focus on internal controls with the various regulatory requirements, an increased aversion to risk and an increase in industry audits.

SAM Present Day: As I mentioned, we're now seeing an increased focus on internal controls and increased regulation. This is resulting in a renewed interest in SAM. For some companies that threw out their programs in the 90's with all the other cuts - that means starting from scratch. For others, it's just a brush-up to become current with new product use rights, new licensing programs and better tool options. Unfortunately for a few, it means continuing to stick their head in the sand and hope that they don't have to deal with it.

Future of Software Asset Management: OK, so I don't really have a crystal ball. I'm actually going to raise more questions than I answer...

Many that I talk to think that we will be facing more regulations and therefore SAM will continue to grow. Personally, I don't think business will continue to support that model...how regulated can private industry become (and how much money can companies spend on regulation compliance versus increasing profits) before it rebels?

Others feel that Software as a Service (SaaS) will remove a lot of the licensing demands on companies making it a pay for service commodity. While I think we've already seen an increase in SaaS (or ASP for the old school), I also think there are basic desktop applications that are going to remain being exactly that...desktop applications (OK, not sure betting against Google is a smart move...but I also don't really think they expect to win big business). Mind you, I've predicted for the past 10 years that software licensing would move to a "lease" model...but this isn't the way I expect to see us get there.

So, what does this mean for SAM? Personally, I think it means that SAM will be an ongoing part of business and just like it has for the past many years the true adoption of it will be more a basis of the maturity of an organization rather than an indication of the industry.

What do you think?

Mergers & Aquisitions - the importance of software licensing

2007-01-09T19:37:00.000-08:00

I got a call the other day from a former co-worker. It appears that her new company had recently spun off from it's parent and in preparing for their software upgrade they got an ugly surprise...their former parent had never bought the software they contractually "transfered" to my friend's company. About $400,000 worth of software needed to be bought.

Knowing for sure about software licensing during Mergers and Acquisitions or any other type of change of control activity is extremely important.

Divestitures

When a company splits off from a parent company there is a lot to be figured out, including who gets the software.

If the company has only purchased OEM software then the software rights transfer with the machine – however; documentation is key. The onus of ownership remains with the company using the software.

If the company purchased retail software, will this be transferred to the new company? If so, physical transfer of the licensing agreements and records needs to occur as well. It would also be wise for the new company to insist on financial records showing the initial purchase.

If the company purchased under volume agreements (non-contractual), then the publisher needs to be notified of the transfer (transfer fees may be involved) and appropriate documentation needs to be retained by both companies.

If the company purchased software through a contractual agreement then there are additional considerations. Is the contractual agreement also covering any of the former parent’s software as well? In most cases it would be. Does the contract allow for separation or transfer of licenses? Is there a license transfer fee or notifications? Will either company still be of appropriate size to qualify for the contract?

Acquisitions

The last thing a company wants to do is acquire someone else’s software licensing nightmares. Ensuring that you receive full documentation of what you are paying for when you acquire the company and its software assets is key.

Additionally, a company that is acquiring another company generally has its own software assets already under various forms of contracts (or through acquisition a company might finally be of a size to qualify for a contractual volume agreement). Maintaining separate agreements or being able to wrap multiple agreements together is one of the items to be considered. Additionally, some contracts have language in them requiring a company to wrap acquisitions into an existing contract. It is important that a company be aware of any such requirements upfront so there are no costly surprises.

It's also important to know your rights. It's not unusual for software publishers to limit what rights can be transfered when a company is bought or sold.

If you need to know more, contact us through our website at www.cynthiafarren.com

Do You Know SAM?

2006-11-03T01:35:00.000-08:00

What is Software Asset Management (SAM), and why is it important for all size businesses? SAM is the framework for managing the acquisition, deployment and retirement of software in order to fully leverage your company’s software investment. SAM is not just software licensing.

While software is traditionally the jurisdiction of the technology department, SAM is a company-wide responsibility. From the end-user who uses the software to the CEO responsible for ensuring growth plans include funding allocations to ensure users have the tools to do their jobs, every level of a company is responsible for and impacted by SAM.

I think everyone knows the heavy risks associated with being out of compliance with software licensing (and not simply the fines for copyright infringement). What is not as well known are the benefits that come from implementing SAM and being appropriately licensed.

The financial rewards for implementing SAM are dependent upon your company’s software purchasing practices. If your company makes it a practice to remain fully licensed, then the financial rewards can easily be 15% of your software costs. If your company does not purchase software to be compliant with licensing then it will cost you money, but it could easily be 20-30% less than if you simply attempted to become compliant without an assessment.

The benefits of SAM extend far beyond financial savings. Businesses that employ SAM can realize tremendous benefits through improved security, faster rollouts, better negotiating capabilities, better supported operations, and enhanced planning and forecasting capabilities -- not to mention the comfort of knowing that your company is appropriately licensed on all your software.

The first step to implementing SAM is to complete a SAM assessment to obtain a baseline and a plan for improvements.

A SAM assessment is typically comprised of: (a) a review of past purchases to identify the investment made and identify purchasing habits; (b) an inventory of what is installed on each machine; (c) a review of existing policies to ensure the company is protecting itself as well as educating its users appropriately; (d) a process review to identify the current process and any process improvements; (e) a gap analysis to determine a baseline between what is owned and what is deployed; and (f) a purchasing plan taking into consideration the company’s future planned growth or changes.

Generally, there are two different ways to perform a SAM assessment: in-house or outsourced. An in-house assessment typically completes only the inventory and a portion of the gap analysis. The primary reasons for this partial in-house assessment is lack of time and lack of knowledge. Outsourced solutions will depend upon the outsource partner. If the outsource partner is your re-seller, they will typically focus on the inventory, gap analysis and purchasing plan. However, businesses need to keep in mind that your re-seller is in the business of selling software. The other option for outsourcing is to use a firm that does not resell software and has an actual SAM practice. Using this type of firm will result in a full assessment being completed by an independent third party.

Cynthia Farren is the president of Cynthia Farren Consulting (CFC), an IT Consulting firm specializing in Software Asset Management. CFC is headquartered in California with offices in Colorado and Georgia. (www.cynthiafarren.com)

Software Licensing - Is there someone to help?

2006-09-16T22:13:00.000-07:00

It was over 12 years ago that I made the transition from Finance to IT. I was to take on the responsibility for managing the use and licensing of all software for a 1,200 person international firm.

Coming from a financial background, one of the things that first hit me was that we appeared to be purchasing our software in a very inefficient and expensive fashion. Taking on the challenge of resolving that problem led to a very interesting career choice.

During my explorations into managing our software licensing, several things became very apparent: (1) licensing and product use rights were very challenging topics to understand and there are far too many interpretations; (2) there are very few educational resources available from independent sources; and (3) there is a lot of money wasted by companies each year due to #1 and #2!

1) Licensing and Product Use Rights - I remember once a very basic product use rights I read for a little known piece of software...it basically said, "You have the right to install this on a single computer and use it for the purpose it was intended. You may not use it for any other purposes". I should have framed it, the pure simplicity was beautiful.

However; I also understand where the software publishers are coming from...we get more and more creative in the use of technology and it opens up more and more loopholes for someone to use software "technically" under the product use rights but definitely not within the intent of the product use rights. Therefore, we end up with pages of technicalities. Take away some of these technicalities and you will also take away some of our options - let me keep my options...I'll instead read all the small print.

2) Lack of independent educational resources - if you think about it, where did you get your knowledge about software licensing? Probably from a reseller or the software publisher. These are generally the same people telling us how to "save money" on managing our software. In general, I feel they do a pretty good job...but at the end of the day we have to remember that they are in the business of selling us software. Can I really rely on them to tell me how to save money and buy less? I think I can rely on them to tell me the basics, and to answer my questions truthfully...but I can't expect them to help me in a fashion that will cut into their profits. They are "for profit" organizations afterall.

Over the past several years there has been an increase in independent sources such as industry organizations and services consultants (a really good one is www.cynthiafarren.com - yes, that's a flagrant plug for my firm Cynthia Farren Consulting). Additionally, some of the discovery tools providers are now providing advice on asset management. The main thing to realize here is that a tool is not the full solution - albeit a much needed component.

Many of the frameworks now provide guidance, ITIL and COBIT (TM) and a new ISO standard are all available to help.

3) A lot of money is wasted each year - I've helped hundreds of companies implement software asset management plans. The one thing that is consistent across the board is that they were all spending too much money (per unit) on their software licensing. This equates to hundreds of thousands of dollars being wasted by an organization, and to no value. Software publishers will not buy back software you over purchased, resellers will not credit you back for software purchased under the wrong purchasing program, and you haven't bought a new business solution that will improve your business...you've simply paid too much for your general desktop software.

Most software publishers have volume licensing agreements. In general, these agreements do not have difficult restrictions - they simply require you to purchase a certain volume of software. In most cases this volume can be purchased over several years. What they do require is that you be in a position to know how much software you need.

If you're looking for help with your software licensing, you're in luck - compared to when I started there are many more sources of help. You might start off by first getting a history of what you've purchased over the past 3 years and then talk to your reseller about what volume agreements exist for the software you've bought in the past. Just remember, while they can be a great source of information, you might want to refine your knowledge with an independent source prior to making a commitment.

Do you have any stories or experiences of challenges you faced with software licensing? Please share them with me...