Category: Procurement

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Licensing the Cloud: Software Distribution and Use in a Remote Access World

Licensing the Cloud: Software Distribution and Use in a Remote Access World

Whether we like it or not, and whether we agree or not – software developers have a right to decide how and where their licensed products are run.  There have always been arguments in this area, where software license purchasers take the position that they should be able to do what they want with their licenses, and where commercial software developers believe they have the rights to dictate authorized usage.  Truly, when it comes down to the legalities of it all, the software companies will win because they have the legal footing to fall back on  – the EULA containing use rights and terms which licensed users have agreed to.

The problem has been ongoing, with software developers constantly and consistently seeking methods to reduce unauthorized software distribution and unsupported use, and users spending amazing amounts of time and resources finding ways to break the rule.  Copy protection, “phone home” license validation models and all sorts of approaches have been developed to prevent software theft and unauthorized distribution.  But it happens anyway – a lot – and the cloud is turning into a great facilitator.  Surprisingly, it’s an “in your face” approach, too, where the previous iteration of web-enabled software theft (unauthorized digital downloads and license cracking) was fairly quiet and tried to be secretive to stay out of the gun sights of the developer.  Today’s “flavor” is right out there, being marketed to any and all who care to view the ads.

With businesses more frequently turning to “cloud” server providers to run business applications, it is no wonder that the IaaS and PaaS companies would want to make their services easier and more valuable to acquire than the next guy’s.  Aside from a groovy control panel and great networking and VM pricing, the added value from these providers is in the applications they are able to service.  More frequently, hosting service providers are marketing their solutions in the context of the applications customers run on the service (which makes sense, because the application’s what really matters).  Leveraging the brand value and recognition of popular commercial software products makes sense, as it improves overall visibility and increases the potential of the “right” kind of prospect engaging and becoming a customer.

The problem arises when these service providers sell hosting services for, or which support, applications they are not authorized or licensed to deliver, and this is where the argument comes full circle.  The hosting provider wants to host applications customers use, customers have licenses for those applications, but not a right to have them hosted.  The host deploys the application anyway, because that’s what the customer wants.  “What’s the risk?” they ask… “the customer has the software license”.

The risk is, unfortunately, greater for the service provider than for the customer.  Even if the customer has a license for the software product, that license may not actually be eligible to run on a hosted server.  “Businesses lease computer equipment all the time, and they can run the software on those systems” is the next argument generally offered by the service provider.  But, in the eyes of the software developer, there may be a big difference between leased equipment run in-house versus subscribed platform services deployed via a commercial hosting provider.  Even Microsoft recognizes the benefit and value of providing “mobility” of application licensing, and has specific licensing models to allow commercial hosts to deploy customer-owned licenses.  While many service providers understand and recognize the requirements to ensure that customer applications are properly licensed for hosted delivery, there are a great many who think the rules simply do not apply to them.  These folks are introducing a great deal of risk into their hosting businesses, even if they are not willing to recognize it.

When a customer runs their software in an unauthorized manner, they risk losing the rights and benefits associated with their software license.  When a commercial hosting company runs software on their servers that they have no right to install and run… they are potentially guilty of unauthorized software distribution and copyright theft.

Actions against facilitators of unauthorized content distribution – you can equate “software” with “content” – have received much press in past months, yet much of the discussion centers on music and video content (as in the Megaupload story).  Actions involving commercial software products tend to be somewhat less visible, probably due to reluctance by commercial developers to have what could be perceived as negative press flowing through social media venues.  It’s popular to protect music and videos, but hosting providers aren’t seeing the wisdom of preserving the integrity of a commercial software product license.  Instead, they’re relying on the customer to indemnify them (the customer has a license, remember?).   But the customer can’t protect the host; the host must protect the host – it’s the prudent business approach.

Infrastructure providers, platform providers and businesses operating as application hosting companies should pay close attention to the content living on their servers.  Taking a position that the customer has the right to do whatever they want with the system is not a viable position; the precedent has been set that the hosting provider is responsible for the content on their systems.  In the case of hosts offering service for small business applications like Microsoft Office and Intuit QuickBooks, for example, it is essential that a service model which conforms to and supports proper license usage be in place, and that any required authorizations are, too.

Software is just another form of content, and the cloud makes distribution of and access to content a lot easier, even when it shouldn’t be.

Make sense?

J

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CIO, CFO, IT and Procuring the Cloud | buildingUp.biz

CIO, CFO, IT and Procuring the Cloud

For as long as there has been high technology use in business, there has been a struggle between the enterprise CFO and CIO for the power to make IT purchase decisions.   It isn’t rocket science… the reasons for the challenge are fairly straightforward.  The CFO wants to know what the expected return on the investment will be.  The CIO, on the other hand, recognizes that there is rarely a straight line to be drawn between IT expenditures and near-term positive business outcomes.  Sometimes it takes a while to fully realize the benefits of an IT project… and sometimes it’s necessary to spend the money just to maintain status quo.

While there may be indicators that the CFO’s influence in the enterprise is extending into areas where the CIO traditionally ruled (due – at least in part – to SaaS and the Cloud) there are also indicators that the role of the CIO is evolving rather than losing relevance.

A survey performed in 2011 by Gartner and Financial Executives International revealed a number of interesting results which indicated that the balance of IT procurement power was shifting within the enterprise.  344 senior financial executives were surveyed, and they revealed that:

  • in 45% of organizations, the CFO makes or leads IT investment strategy
  • about 75% of surveyed CFOs said they have little confidence in their own IT departments

A CFO.com article on the subject also mentioned a KPMG study from April 2011, in which it was reported that “73% of CFOs identified IT as the greatest risk to finance meeting its objectives”.

With the emergence of “cloud” computing solutions and the plethora of application and service options now available to businesses, some businesses have concluded that “the CFO is better equipped for the cloud world”.  The belief is that the CFO is more attuned to the processes of vendor management and contract term and condition negotiations, which are primary areas of focus when looking to obtain outsourced IT and application services.  The process of comparing pricing and service level agreements is more of a business process than a technology process, placing it squarely in the realm of the CFO.

The real issue here isn’t a struggle for power and influence; it’s a change in business priorities fueled by changes in technology and service models.  IT and the role of the CIO must focus on innovation and improvement of processes and profitability through efficiencies gained with technology, not on defragging hard drives and running software updates.  Brocade.com discusses this evolution of roles and focus with enterprise CIOs and CFOs in the release entitled The CIO Is Dead. Long Live the CIO. The Cloud Redefines the Role of the CIO

“ … the CIO role will evolve and policy enforcement, technology evangelism and mediation between business units and their services providers will become the key responsibilities for the CIO by 2020…. And rather than being replaced by the CFO in this shift in IT provisioning, two-thirds of respondents predicted that the roles of COO and CIO will merge as technology continues to become more operationally vital. http://newsroom.brocade.com/press-releases/the-cio-is-dead-long-live-the-cio-the-cloud-rede-nasdaq-brcd-977455

Who understands better than the internal IT department the time-consuming and frustrating nature of maintaining user environments and applications?  Who in the organization has the technical understanding, coupled with a direct business understanding, sufficient to explore new ways of approaching various process or workflow problems? I think most business IT managers would agree that addressing issues that have a potential to radically improve the way a business operates is much more challenging and interesting than selecting the right make and model of server.

via CIO, CFO, IT and Procuring the Cloud | buildingUp.biz.

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The Cloud Makes Time Travel Possible: Hosted applications can deliver immediate business benefits

The Cloud Makes Time Travel Possible: Hosted applications can deliver immediate business benefits

In an article published on CIO.com, author Kevin Fogarty describes how moving to a cloud IT approach proved to be a highly beneficial and strategic decision for an on-site diesel fuel distributor.  The focus of the article was on how existing software and processes were enabled by centralizing them in a cloud hosting environment, and not by replacing them with new subscription-based applications.

For many businesses, this is the secret that nobody’s talking about: you can have the benefits of “the cloud” without having to radically change everything you have and everything you do.  Retention of knowledge assets is critical to business continuity, and moving existing systems and process to platforms where they can be leveraged to greater business advantage is a way to do that.  With centralization of systems and services, information can be processed far more efficiently than before, eliminating delays and improving cash flows dramatically.  Time is money, and the cloud helps businesses spend less of both.

“A lot of the invoices have to go out every day by certain times, so third-party accounting companies can do their thing for the fleet owners.” The setup sounds like a classic for any overhyped business-process-automation system, but Daniel Abrams and other Diesel Direct managers weren’t interested in managing their business using sophisticated business systems that require more motivation, money and technical staff than Abrams was willing to use or pay for.”

The initial benefit is being able to use the products already in place, just from a more secure and redundant location, but when you begin to consider the positive ramifications of reducing the time between delivery and invoicing, billing and payment receipt, or customer demand and product supply, you rapidly realize that the cloud means much more to the business than just another way to run software.

“Those changes save Diesel Direct both money and time. Rather than running reports and invoices all night Tuesdays, for example, the additional capacity lets the company run those resource-intensive processes during the day rather than overnight. That gets critical work done faster and more accurately than a process left to complete itself unattended.”

In short, the cloud makes time travel possible, because the result is available almost immediately upon completion of the task.  It’s kind of like getting your expense check as you walk off the plane in your home town, because you reported all your expenses in real time as they were incurred (snap a picture of the receipt at the bar, and like that).

Yet most business owners and IT managers for small and mid-sized businesses are being told that the cloud is best applied when innovation is required, and should be reserved for NEW things, and not thought of as a way to improve the status quo with existing or legacy architecture.

“It’s not unusual for mid-sized companies to come to depend on cloud services, according to James Staten, vice president and principal analyst for Forrester’s Infrastructure and Operations practice.

It is unusual for them to be more concerned with infrastructure than with applications, he says.”

With affordable and secure application hosting services being widely available for small and medium businesses, owners and managers no longer have to look to new solutions just to enable mobility, remote access, and a fundamentally stronger and better-managed system.  Legacy applications can be hosted and delivered, extending their useful life as well as the value of the development and intellectual property, and giving customers capabilities not readily available with local implementations.

“Diesel Direct can’t accomplish anything if its minimal IT infrastructure is offline for any length of time.

Abrams, worried about storms taking out his business as well as the power, didn’t know what technical solution he wanted until Callow “described for him what an enterprise infrastructure looked like,” Callow says.

“They didn’t need one, didn’t want one, but they did want the security, the reliability of a redundant IT infrastructure,” he says. “The most effective way to get that at the lowest possible cost is the cloud.”

Among the greatest benefits of outsourcing application delivery to a cloud hosting provider are the increased monitoring and security, application of best practices, and high levels of system fault tolerance and recovery capabilities offered.  While business subscribers focus on features and functionality of the application, the real focus for hosting providers is the platform – and the management and security of it.  This behind the scenes work offers tremendous business benefit to subscribing customers, but is often not the focus when discussing overall benefits of a cloud computing approach in the context of Software-as-a-Service, which is where many smbs focus their investigations.  As an alternative, businesses who may seek to adopt hosted solutions for their existing applications and software frequently do so for reasons of security and redundancy, not recognizing that their business processes may likely experience significant improvement, as well.

“Enterprises might have the luxury of making strategic decisions about cloud or other technology,” Golden says. “In mid-sized companies things are very tactical. No cloud evangelist is going around the refueling industry saying ‘there are ways to solve this problem.’ “Companies make tactical decisions to solve their own problems and, five or 10 years later, we’ll all wake up and realize we’ve changed the way we do everything,” Golden says.”

Make Sense?

J

The company in the article could be just like yours.  You don’t have to adopt new software and systems to benefit from the cloud.  How could your business change, if you could remove the problems of time and distance?