RSS

Tag Archives: SPLA Audit

More SPLA Questions…More Answers.

Here is a list of some of the questions we received this month.  Enjoy!

Why does Microsoft not allow a SPLA SQL VM to be installed in a public cloud?  I understand if you were licensing the physical layer, but if you want to install on a VM, you can easily allocate the number of cores and report accordingly.  Any ideas?

No.  Honestly there is no reason outside of it’s just prohibited.  You cannot license SPLA cores/processors in public clouds even if the VM is dedicated.

What can be installed in Azure through SPLA licensing?

Anything that is licensed by SAL can be moved to Azure.  For your end customers, anything that has Software Assurance and is license mobility eligible can be transferred including: Windows 10 E3  (QMTH), Office 365 Pro Plus (QMTH) and MSDN.  Your end customers can also leverage Azure HUB to get discounted pricing for the Windows Servers they purchased with SA.   Check out the Azure FAQ site https://azure.microsoft.com/en-us/pricing/licensing-faq/

Is Microsoft going to discontinue SPLA?

Nah.  I bet it will be merged into a new program though.  Just a hunch.

I received a compliance notification the other day.  Am I in trouble?

Depends on the type of notification and if you are out of compliant :).  If you have questions, we can review it with you.  Just email info@splalicensing.com

Can I report Windows 2016 but run Windows 2012?

Yes.  No problem there.  What you cannot do is license Windows 2012 and run 2016.  Don’t do that.

Thanks for reading,

SPLA Man

 

 

 

 

Advertisements
 
Leave a comment

Posted by on October 13, 2017 in Top 5 Licensing Questions

 

Tags: , , , , , , , , , , , ,

SPLA Audit Season…

The air is getting colder (at least on this side of the hemisphere), the leaves are changing, and the aroma of burning firewood fills the night time air.  That’s right, audit season is upon us!

Why audit season?  Microsoft is concluding their first half of the fiscal year in December, which means revenue demand is a high priority.  It happens at the end of the year and in June when the fiscal year closes.  There’s no easier way to achieve revenue targets than going after organizations in the form of an audit.  Don’t be left in the dark.  If you are going through an audit, we have the resources to help support you.  Our team consists of:

Ex Microsoft auditors who know the game and negotiation tactics.

Licensing experts (who else has a blog dedicated to the nuances of licensing)

Cost optimization professionals

Audit tools and license management as a service

If you are going through a SPLA audit, don’t do it alone. You don’t want to pay more money than you have to just to please a vendor.  If you have questions on the process or need a recommendation, you can email blaforge@splalicensing.com

Thanks for reading,

SPLA Man

 

 

 
Leave a comment

Posted by on September 13, 2017 in Compliance, Uncategorized

 

Tags: , , , , , , ,

Slaying the dragon and saving the princess – audit style

We all love stories.  All of us. We love to hear about good overcoming evil – the prince saving the princess, the bad guy that's captured by the good guy.  In short, what we love are fairy tales.  The reality is we do not live in a world of fairy tales and sometimes, yeah, the bad guys do win. The prince, admired by many, is not such a good prince after all.  We trust without knowing they can be trusted.  So, what does this have to do with audits?

Businesses are built based on one concept – to solve a customer's problem.  You are their hero to save whatever pain they have or problem they can't seem to overcome.  You, are (as the story goes) their knight in shining armour.  Your customer needs someone to deliver a solution, you are just the good guy to do it.

Fast forward a couple years, your business is booming, your customers are happy, and in walks every IT nightmare…the auditor.  Eye glasses the size of saucers, a necktie tied just a shade too short, and a laugh that is about as annoying as a nail on a chalkboard; you are succumbed to a software audit.

How do you defend such evil?  The biggest mistake a hosting partner (or enterprise's in general) often makes is being fearful.  They give the auditors everything they ask.  That's not always bad, but if you don't understand why they are asking for certain things or feel they are painting you in a corner, take a step back.  Don't give in without understanding what they are asking and why.  Why do they want to know who your customers are?  Why do they ask about customer owned licenses?  Software Assurance? Historical information?  If you can't answer "why" maybe you need help.  In walks SPLA Man.  Nah, in walks Mrs. SPLA Man, every auditor's worst nightmare.  She put together the following list on how to better prepare yourself for the unexpected.

Mrs. SPLA Man's List

  1. Don't be fearful – no matter what, it's your business and YOUR customers.
  2. Have a plan.  Know what's in your customer agreements.  If you need to refresh your agreement language, do it.  Software licensing rules change daily, if you have not updated your contracts on license mobility or datacenter outsourcing, update it now.
  3. Don't bring unwanted attention to your organization.  Always report usage on time and pay on time.  80% of all delinquent reporting has nothing to do with the reseller or Microsoft.  It has everything to do with a SPLA partner's account payable dept.
  4. Don't have one person manage your usage reporting.  In a lot of cases, a person leaves a company who was the only one who worked with the reseller directly.  When that person leaves, who is responsible for reporting?
  5. Don't be pressured.  Audits can take up a lot of resources.  Don't give up customer engagements to satisfy an auditor.  Your customers are the lifeblood of your business, don't delay meetings with your clients.
  6. The publisher needs you.  You are their sales arm.  You bring the hybrid cloud to life.
  7. Find out from the publisher who manages your account.  When was the last time you spoke to them about strategy or best practices?
  8. Relax.  It's not the IRS auditing you (yet)
  9. Don't settle just to settle.  You didn't grow your business to the magnitude you've grown it without having negotiating skills (and guts).
  10. Don't be scared to ask for help.   Have a question?  Email info@splalicensing.com

Thanks for reading,

Mrs. SPLA Man

PS – Slay that dragon!

 

 

 

 

 
Leave a comment

Posted by on August 10, 2017 in Compliance

 

Tags: , , , , , , , , , ,

Top 5 Licensing Questions….Answered

You have questions…We have answers.  Another month, and another list of licensing questions asked by the hosting community.

  1. I have a small hosting company that runs primarily Linux machines with a few Windows VM’s mixed in.  The only thing we do customer facing with Windows systems is a small number of users access our application via a published app over RDP Web.  Do I need SPLA?

Yes.  You have Windows running in your cloud environment.  It does not matter how small or large the environment is.  One thing you might want to check out is the Cloud Platform Suite.  You must run Hyper-V and System Center but it could lower your costs. 

  1. I get CSP from one reseller and SPLA from another.  Do I qualify for the new QMTH addendum or do I need to get it all from one source?  Totally confused.

In QMTH, you are the CSP partner, not someone else.  I am guessing you are using the CSP reseller to go indirect.  If that is the case, you must become CSP Direct authorized.  Purchasing CSP from a third-party does not qualify you for QMH.  That being said, your customer can purchase CSP from any organization and you can host it for them (if you are QMH authorized).

  1. The audit bug got me. I think it’s because my reseller refuses to submit my usage report even though I sent it to them several times.  Any advice?

Microsoft can audit any partner they choose.  There’s not one factor that triggers an audit.  More eyes will be watching if you are continually delinquent on your monthly report.  The biggest reason why a reseller does not submit a usage report is because the provider is delinquent on their payments. Are you up to date? All payments paid to the reseller?

  1. Can I rent a PC using the QMTH addendum? I know in the past I could rent a Windows desktop license in SPLA.  Can I do it now?

I think it makes sense to do so but unfortunately it is not part of the addendum.  I would love feedback here.  Section C of the QMTH addendum states” “This Amendment does not authorize Customer to resell, distribute, or otherwise provide End User or CSP Licensees direct access to Windows 10 Software” In order to lease a PC to a third-party you need to follow the Microsoft Leasing Agreement. 

  1. I report Office, Exchange, SharePoint and Skype. I heard rumors of a price increase coming in the pipeline from various resellers that I reached out to.  Any truth?

Let me put it to you this way – The products you just mentioned happen to be part of Office 365.  I don’t foresee Microsoft lowering pricing in SPLA for the same products offered by Microsoft.

Thanks for reading,

SPLA Man

PS – What was the SPLA partner’s response to my answer for question 5?  “That’s BS Mate!”  My response?  “Don’t shoot the messenger.”  Have a question?  Email info@splalicensing.com

 
Leave a comment

Posted by on August 5, 2017 in Top 5 Licensing Questions

 

Tags: , , , , , , , , , , , , , , , , , , ,

Yikes…how to move from one cloud to the next.

The latest buzz word in this crazy IT world in which we live is not “Cloud” it’s “Hybrid Cloud”.   Even the definition of hybrid cloud has evolved throughout its short existence. Having a mix of on premise workloads and cloud workloads has transformed into having workloads spread throughout different cloud vendors as well.  “Cloud Sprawl” is born and guessing is here to stay.

In this article, we will review how the licensing works to move a customer’s workload from one cloud to another; customer’s owned licenses back to on premise; and customers on premise licenses back to your cloud.  As the title of this article states..Yikes!

Moving away from your cloud to another cloud

So, your sales rep “accidentally” promised the world to your customer that he/she could not deliver.  Unfortunately, they now want to move to another provider.  First thing to do is fire the sales rep.  Second thing to do is read your SPLA agreement.

When you sign a SPLA agreement (or any Microsoft agreement) your license keys are your license keys.   The data is not yours, but the keys are (at least while you have an active agreement – remember, SPLA is non-perpetual license). License keys are not to be transferred, resold, etc. over to another datacenter provider.   Where does it say that?

In section 6C, page 5, of the 2017 SPLA Indirect Agreement “Copying and distribution of Products and Software documentation” states: “customer may distribute original media or software contains products only to outsourcing company and affiliates.”  Another cloud provider is not your affiliate or outsourcing company, they are your competitor.  The section continues: “Customer may distribute original media or software containing client software and/or redistribution software to its end users.”

What that statement is saying is the service provider can provide the image to their client but not to another service provider.  If they do this, Microsoft requires the license keys to be removed first.  Remember, your keys are your keys, not theirs. As mentioned, the data is not yours either.  An end customer has the right to transfer their data from your datacenter to another provider.  You can also transfer the media to your customer, but not to another service provider as the statement suggests.

Over the years, the transfer of data, transferring images, and using outsourcing companies has made it difficult to track which media/keys belong to which company.  My recommendation is to have language in your agreement that is like the one in your SPLA to protect you.  Is this a gray area?  Absolutely.  My other recommendation is that no matter which keys belong to which organization – be sure to license the environment correctly; in the end, that’s the most important part.

Customer’s owned licenses back to on premise 

The same sales rep screwed up again.  They promised the customer that by moving to your cloud environment they would never be audited again.  Guess what?   They got audited.  Now they are upset and want to move back to on premise.  How does the licensing work?

In this situation, let’s assume the customer is moving workloads that have software assurance (SA) and are using license mobility. (even if they didn’t, same rules would apply.  I just like using license mobility because it’s more common).   Whenever an end customer transfers their own licenses (not SPLA) it’s important to read the Product Terms, not just the SPUR.  The Product Terms is for volume licensing, which applies to customer owned licenses.  The SPUR, as we all know is for SPLA.  Two different programs, two different use rights.

Page 84 (good Lord this is a massive document) of the 2017 Product Terms states “Customer (your end customer) may move its licensed software from shared servers (license mobility) back to its Licensed Servers or to another party’s shared servers, but not on a short-term basis (not within 90 days of the last assignment).

When you buy a license through volume licensing (VL), you assign that license to a server.  That’s one of the reasons you cannot mix SPLA and VL on the same server (different use rights).  When you assign that server to a different server farm (another datacenter provider) that server license cannot move within 90 days of assignment.  If your end customer gets upset and demands you transfer their licenses back to their premise, you can pull out this little blurb in the Product Terms.  I would recommend having language in your agreement that states the same.

You might be wondering – “isn’t the benefit of Software Assurance the ability to move workloads freely without worrying about the 90-day rule?”  That’s true and I’m glad you brought that up.  If it’s within the same server farm, workloads can move freely.  Pay attention to page 84 of the Product Terms as well as the definition of a server farm.

One of the best lines in the Product Terms happens to be on the same page (84).  “Customer (again, customer in this example is your end customer) agrees that it will be responsible for third-parties’ actions about software deployed and managed on its behalf” I would definitely include that statement with your customers.

Moving back to your cloud

You gave your sales rep an ultimatum, win the customer back or lose your job!  Your sales rep won the customer back.  Now your customer can move back to your cloud, but make sure you follow the license mobility use rights as mentioned above.  Remember the 90 day rule.  Once a customer assigns a license back to their premise, they have to wait 90 days to move it back.  Secondly, if they do not have SA, you must dedicate the entire infrastructure for your customer.  Dedicated means the hardware used to support the solution.

The moral of this story?  Make sure you have a good sales rep!  Secondly, read the SPUR, Product Terms, SPLALicensing.com, and have language written in your agreement to protect yourself.  Lots of talk about moving to the cloud, moving away from it is just as important.

Thanks for reading,

SPLA Man

 

 

 

 

 
Leave a comment

Posted by on August 3, 2017 in Compliance

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , ,

Breaking down Microsoft’s Q4 and what it means for your business.

Microsoft reported earnings last night that surpassed expectations and gave us insight into their cloud business. I am not a stock analysts, but I thought I would spend some time reviewing some of the highlights and my opinion for what’s next for the software (I mean cloud, actually, no -I meant Intelligent Cloud) giant.

Azure – Microsoft did not provide specific revenue numbers for Azure, but did say revenue grew 97% y/y.  Although exact numbers for Azure revenue is not specified, Azure is part of the all-important commercial space, which includes Dynamics 365, Azure, and a little program called Office 365.  That revenue number combined was over 18B which more than doubled last year’s number.

Office/Dynamics and Competition – Office 365 subscription business just surpassed the traditional Office model with revenue up 43%.  When was the last time you went to a box retailer and purchased software?  That’s a telling sign that more and more organizations prefer subscription pricing over box products.   Dynamics 365 was up 74%, probably because Dynamics in SPLA is about as complex as it can possibly get.  Need help with a Dynamics licensing question?  Ask your reseller.  The reseller will ask Microsoft – and then it goes into a big, dark, black hole until someone loses their mind.  Nothing happens.  Microsoft also revamped Dynamics in SPLA to make it very difficult to compete.  The same can be said for Office.  Where I see concern for Microsoft is with Google, who is just getting their foot in the door in the enterprise space.  If they make traction (and they will) it will be interesting to see the two giants go at it.  Google’s cloud platform is growing exponentially as well.

Surface Sales – I guess you can say is one of the low points of the conference call.  Surface revenue dropped 2%.  Xbox sales also dropped and became less profitable with price drops and competition.  That’s the bad news – the good news?  Maybe with the new CSP Windows 10 thing Microsoft will include Surface as part of the program to those not already a Surface Authorized Distributor, or make Surface authorization available to every CSP Direct partner.

LinkedIN – Only Microsoft can spend over 26B for an acquisition and investors are still wondering what it is they bought; and more importantly, not hurt their quarterly earnings.  Yeah, they can tie it in for Dynamics and Yammer/Teams with all those users.   They also have a pretty impressive data list of users to sell additional collaboration products and services to.  I guess the jury is still out on this.

Opinion – Microsoft recently announced a major change in their sales organization. Their sales teams that were focused on the enterprise need to focus more on solution type selling.  A lot of organizations in the industry are going through the same transformation.  It’s also not an easy thing to do.  Time will tell.

I wrote an entire article without mentioning Amazon, they report earnings next week.  It will be interesting to see how they compare to Microsoft and how much they grew year of year in comparison.  Lots of analysis say Microsoft will surpass AWS as the king of the cloud.  I still think Google is lurking in the background and might surprise some people as well.

What does all this mean for SPLA?  In my humble opinion, I think Microsoft better be careful with the way they are handling their third-party hosters.  Those numbers they threw out yesterday were great, but they can get even better.

Microsoft built a program for partners who have their own datacenters, relationships, and sales resources to promote Microsoft products and technology.   There are close to 30,000 SPLA partners (rough estimate) that have datacenters spread throughout the globe.  Nobody, can have the reach like your SPLA partners.  Google and Amazon do not have 30,000 datacenters, why disrupt it?  Don’t audit them, partner with them and help grow this business to build a true hybrid cloud ecosystem.  The strategy should be their cloud – our cloud, and customers will thank you.  Teaming with Walmart makes sense too.  Say what!

Thanks for reading,

SPLA Man

 
Leave a comment

Posted by on July 21, 2017 in In My Opinion, Uncategorized

 

Tags: , , , , , , , , , , , , , , , , , , ,

Opinion – Microsoft audits will skyrocket in 2018

Microsoft compliance programs are not going away and will increase significantly in the coming years.  Why such a doom and gloom outlook?  In this article, I will highlight some of the reasons but more importantly the ways to stay ahead of the game before Mr. Audit comes knocking on your door.

This past week, most of my articles had to do with CSP, Azure, and more CSP.   To no surprise, CSP is the direction Microsoft is moving towards for the partner community.  Check out my friend www.csplicensing.com 🙂 Licensing is not getting easier, in fact it’s getting harder.  Check out my Azure Stack article if you don’t believe me.  That article will either put you to sleep or give you a headache.

In today’s world, a service provider is not just licensing SPLA, they are combining on premise licenses, different cloud vendors, and hybrid licenses.   Unless you focus full-time on licensing, one misstep can ruin an organization.  In the coming weeks and months, I will focus heavily on all the cloud transitions and as the title of this blog site states ‘uncover the complexities of SPLA licensing.”

So why will audits rise?   There’s two reasons: 1) Licensing is confusing.  Publishers know there’s no “one-size fits all” solution to solving all licensing complexities and scenarios.  2).  With the push towards the public cloud (such as Azure), CFO’s and owners will start to wonder why they mess with the licensing at all, especially after a large compliance settlement  from an audit.  The goal will be to move to AWS or move to Azure and let them deal with the complexities licensing.

What do you do?   Throw in the towel and say, “they win” or develop a strategy to maintain compliance and create a solution to help your customers?  My advice? Don’t throw in the towel.

  1. Develop a license management practice.  Licensing is a full-time commitment (Full-time job).
  2. Don’t cave in.  I get it, that’s easier said than done – even for SPLA Man.  I HATE confrontation in all areas of my life but compliance.  I always like to see the underdog win the audit battles.  When SPLA started, I felt it was the rest of the world v. the SPLA community.  ABS – Anything But SPLA.  I still feel that way today (even stronger).  When was the last time you talked to a representative or were offered advice to help grow your business?  I am an advocate for the hosting community and the primary reason I started this blog in the first place.  Checkout my “About” section written over 4 years ago.  Don’t get bullied into the tricks of the audit.  If you need help, ask.
  3. Eliminate risk before it becomes a risk during the audit.  Going back to point #1, create a practice, understand the areas of concern, and correct it before the auditors force you to.  The time is now.
  4. I promote 3rd party advocacy for support.  I like to say, “there’s the publisher’s way and then there’s the real way” both are compliant, but one will cost you a lot more than the other.

Will audits be on the rise in 2018?  Yes. And 2019, 2020, and 2021.  After that who knows, we might be flying around the moon and vacationing on Mars.  Licensing is a dangerous game but everyone can win – if they have the right strategy in place.

Thanks for reading,

SPLA Man

 
Leave a comment

Posted by on July 19, 2017 in Compliance, Uncategorized

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , ,

 
%d bloggers like this: