Any procurement or asset management professionals who have seen the new movie based on E.L.James’ best selling novels may have noticed the similarity between the eponymous antihero and a license management services consultant.
Mr. Grey will use charm and threats to persuade you to run his audit scripts on your network. You have an obligation to demonstrate your compliance with the software license terms, but that doesn’t mean that you have accept his opinion about what those terms actually mean.
Sources inside some large software companies tell me that license audits generate 20% to 30% of their license revenue. Although a lot of that will represent deliberate or reckless under-licensing, many of the disputes that I hear about involve software salespeople abusing some licensing shades of grey to pressurise customers into paying them money. It is difficult to predict how a court will interpret nineties contract language in the current technology context, so many companies pay up rather than risk a compliance lawsuit. Here are five questions of interpretation that no lawyer can answer: