Critical Changes to MSDN Use Rights - Update 2

Please click here to read update 1 on this post...

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After much thought and deliberation on this issue, I have come to the conclusion the language in the new Product Terms is not by chance, and is well thought out and deliberate.  Based on this I would say that contractors cannot use their volume licensed based MSDN to cover them for non-production systems while working at client sites. This would also prevent MSDN users from utilizing any MSDN software on their home systems, including Visual Studio.  Despite the fact that the July 2015 Microsoft Visual Studio 2015 and MSDN Licensing white paper states they can, the Product Terms has legal precedence over the whitepaper and clearly states they cannot.

It would be very helpful if Microsoft would come forward and clarify this, but I do not expect that to happen.  I am on the lookout for an update to the Microsoft Visual Studio 2015 and MSDN Licensing white paper, and will report back if changes are made to its language.

I strongly encourage all customers this issue impacts to speak directly with Microsoft, and only accept written guidance from them.

 

System Center Client Management Suite dropped in August 2015 Product Terms

Ever since the new Enterprise Cloud Suite (ECS) was released and there was no clear bridge path for the System Center Client Management Suite I have been trying to figure out why.  Well the August 2015 Product Terms have answered the why by removing the System Center Client Management Suite from both the ECAL and ECAL Bridge.

In order to soften the blow Microsoft has added a special promotion on page 86 of the August 2015 Product Terms shown in excerpt 1 below.  This language is a bit squishy to me, so I have asked Microsoft if this language actually grants a perpetual license to the System Center Client Management Suite, or just the right to use it while under active Software Assurance (SA).  I am still waiting for an answer from Microsoft.

I would also like to note that excerpt 2 below is from page 14 of the June 2015 Product List, and I cannot find any like language in the July or August Product Terms.  I have to assume any licenses purchased under the new Product Terms will not be eligible for this extended use right.

Excerpt 1

System Center Client Management Suite Promotion

The right to use System Center Client Management Suite will be included with all Enterprise CAL Suite and Enterprise CAL Suite Bridge for Office 365 (with or without Microsoft Intune) licenses ordered through December 31, 2016.

Excerpt 2

Extended Use Rights for Enterprise Cloud Suite Customers

For qualifying customers, the Enterprise Cloud Suite or combination of Office 365 and Enterprise Mobility Suite provides access rights to the component services of Exchange Online Archiving for Exchange Server and System Center Client Management Suite. “Qualifying Customers” are Enterprise Enrollment or Enterprise Subscription Enrollment customers who have active Software Assurance coverage for the Enterprise CAL Suite as of November 30, 2014.

 

Language on Creating & Storing Instances missing in new Microsoft Product Terms

I was reviewing the new Microsoft Product Terms for the language regarding creating and storing instances, which I expected to find under the universal license terms section.  I checked both the July 2015 and August 2015 versions and found nothing.   Excerpt 1 below is from the April 2015 Microsoft Product Use Rights (PUR), which happened to be the last PUR published before the new Product Terms were introduced in July 2015.  As you can clearly see this was part of the universal licensing terms, and starting with the new Product Terms this language is suddenly missing.  When I searched through my library of Microsoft volume licensing briefs I found the November 2013 volume licensing brief titled "Licensing Windows Server 2012 R2 for use with virtualization technologies", and I found the language shown in excerpt 2 below.  

I am perplexed this key language is missing from the new Product Terms, and I do not know if it was an oversight or intentional by Microsoft.  Please make sure to address this in your upcoming agreement renewals with Microsoft.

Excerpt 1

Creating and Storing Instances

You may create and store any number of instances of the software on any of your servers or storage media solely to exercise your right to run instances of the software under your server licenses or your Windows Enterprise license terms.

Excerpt 2

Storing Instances

With a licensed copy of Windows Server 2012 R2 you can make any number of copies of the software and store them on any of your servers or storage media without requiring an additional Windows Server licenses. You can also store instances on a large storage area network (SAN) or store instances on your servers without needing additional licenses for each instance.

Critical Changes to MSDN Use Rights - Update 1

Please click here to read update 2 on this post...

This is an update to my post on July 13th regarding what appeared to be a critical change to where Visual Studio 2015 / MSDN software could be installed and run.  The concern first appeared in the new July 2015 Microsoft Product Terms, which replaced the Microsoft Product Use Rights and the Microsoft Product List. 

The July 2015 Microsoft Product Terms Developer Tools section states the following:

"One Licensed User may use any number of copies of the software and any prior version on any device dedicated to Customer’s use for each User License it acquires."

The concern was based on the addition of the language "device dedicated to Customer’s use".  This was interpreted by multiple independent Microsoft licensing experts that Microsoft was no longer allowing MSDN users the ability to use their MSDN licenses to cover non-production systems at their customer's site, or allow developers to install Visual Studio on their home device.   It is commonplace for contract developers to bring their own MSDN to a customer and have the customer only supply the needed server CALs.

I am very pleased to report the July 2015 Microsoft Visual Studio 2015 and MSDN Licensing white paper clears up any concerns on page 13.  We can all relax and enjoy the same rights we have been accustom to as to where the software can be installed and run.

As for the new language in the Microsoft Product Terms I do not have any insight as to why Microsoft added it.  This language never appeared in the Product Use Rights or Product List for Developer Tools.  If I had to guess the language was added to tighten up most use rights, but should not have been applied to the Developer Tools section.  It would be great if Microsoft were to update the Product Terms to match the white paper.

Please note the Microsoft Product Terms have a higher order of legal precedence than the July 2015 Microsoft Visual Studio 2015 and MSDN Licensing white paper.  Based on the language in the white paper Microsoft's intent is very clear me.  If you want to play it super safe then ask your Microsoft account team to provide an amendment stating there are no changes to where Visual Studio 2015 / MSDN software can be installed and run.

Click here to download the July 2015 Microsoft Visual Studio 2015 and MSDN Licensing white paper

 

 

Windows 10 Upgrade Successful

I just upgraded both my new Surface Pro 3 and my Dell T7500 to Windows 10 Pro.  I have also enabled Client Hyper-V on my T7500 which has dual Xeon X5650 processors and 96 GB of memory.  I will start creating test VMs on the T7500 next week utilizing my active MSDN to properly license the test VMs.

I hope your Windows 10 upgrades go as smooth as mine did...

Was that Software Deployment Authorized?

Many organizations struggle to discover and manage the software deployed within their environment, of which numerous are not compliant and exposed to significant risk in the event of a publisher audit. 

What most organizations do not clearly understand is the concept of authorized software.  The ISO/IEC 19770-1 specification clearly defines an inventory known as “Software Authorized for Installation”.  The purpose of this inventory is to determine if a software installation is authorized to exist or not.  The authorization can exist at any level, such as a device, a user, or the entire organization.  It is critical that SAM practitioners fully understand this concept.  It is also very important your SAM tool support this concept.  

As you can see it is possible to have software deployed that was never authorized, and authorized software that has never been deployed.  Both of these are very important artifacts to a solid SAM practitioner.

The Mythical SAM Easy Button

I continue to hear stories of organizations who are in search of a SAM easy button.  Unfortunately this mythical easy button does not exist.  Below is a formula you will often see in the SAM practitioner community.  There is no shortage of SAM tool vendors who will make promises of grandeur, but it is not until after the sale customers realize they still lack control of their software assets because they lack the critical elements in the below formula.  I am a strong supporter of SAM technology, but not when the organization wishes to rebalance the below formula where the majority of the weight is placed on technology.

Effective SAM = (70% People + Process) + 30% Tools

On Saturday July 6th, 2013 Asiana Airlines Flight 214, a Boeing 777, crashed on landing at San Francisco International Airport (SFO).  The pilots were well trained but it appears they relied too heavily on technology.  In fact their autothrottle was disabled, yet they thought it was working and automatically controlling the engines.  They did not realize they had a serious problem until it was too late.

Fortunately SAM is not a life threatening activity like flying an aircraft, but too heavy a reliance on technology can yield negative results and create compliance issues.  I once heard a SAM Manager explain he expects his team to completely understand the underlying data and be able to confirm if the SAM tool they use is yielding the correct results through small samples.  I 100% agree with this approach.

I would also say to any organization who has an existing SAM tool they are not achieving the desired results from, consider the problem may be a lack of people and process not the technology.  Before making another purchase, carefully analyze the situation.