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IBM software licensing can present an array of interpretive and compliance challenges for even the most sophisticated ......
Top Three Challenges in Standard IBM License Agreements

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Software-compliance audits initiated by IBM can be extremely burdensome......
Settlement Structuring for IBM Audits

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Most software license agreements used by major publishers like Microsoft and IBM are in many ways vague with ......
Beware the Convenient “Intent” of Software Publishers

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Businesses that have endured software audits from industry groups like the BSA and the SIIA or from softw......
IBM Software Audits Complicated by Diverse License Types

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This year, IBM announced that it was going to present certain customers with the opportunity to participate in its ne......
An Audit by Another Name: IBM’s new IASP Program

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It is standard practice for software vendors to include clauses in their license agreements giving the vendors the right......
IBM’s Standard Audit Clause is a Time Bomb

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It is common for software solution providers to use third-party products to suppo......
Be Wary of Certain ISV and Embedded Software Agreements

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IBM software is expensive. In some cases, very expensive. While this may rep......
Avoid Pitfalls When Deploying ILMT for IBM Software

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Software license compliance is a task that typically requires constant vigi......
What If I Discover Unlicensed IBM Software on My Servers?

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One of the most critical steps of any business faces in any software aud......
Don’t Short-Sheet the Internal Analysis in an IBM Audit

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Eight lessons learned representing clients in IBM Audits
IBM regularly informs customers selected for an IBM license review or software audit that it reviews the license position of all of its customers worldwide. That means if your company has not participated in a software license review with IBM, the odds are very high that suc......
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Each of the major software publishers has one or two tricks up its sleeve – tricks that often ......
Arguments Against ILMT – What Does and Doesn’t Work?

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IBM may be making it more difficult for IBM customers to qualify for sub-capac......
New ILMT Policy Could Increase Financial Exposure in IBM Audits

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Are Artificial-Intelligence Software Audits Around the Corner?
Recent weeks have seen a number of news reports and
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Customers Using Software Recently Acquired by IBM Should Proceed with Caution
In 2015, IBM acquired no fewer than 11 software and services companies. Many software customers are surprised that after IBM purchases a company, IBM often significantly changes the license terms of the products. For some customers that have purchased unlimited or site l......
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IBM’s Audit Rights Take a Turn for the Worse
The software-audit language contained in IBM’s standard license agreements never has been anything that anyone would mistake for customer-focused or even very fair ......
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Beware of IBM’s “Blue Washing”
Fans of Star Trek likely are familiar with the dreaded Borg – an alien race of cyborgs that survives and swells its ranks primarily by conquering other races and then absorbing them into the collective through brainwashing and physically altering them with Borg-y bionic bo......
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Varicent Customers Should Plan for Audits by IBM
In April 2012, IBM announced that it had reached an agreement to acquire Varicent Software, Inc., an Ontario-based publisher of analytics software for compensation and sales performance management. According to the announcement, Varicent’s customers include Starwood Hotels......
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New IBM Passport Advantage Agreement Drastically Changes Support Requirements
One of the major changes in the latest version of IBM’s Passport Advantage Agreement is the requirement that customers maintain subscription and support (S&S) on either all of the licenses that are installed and in service or none of the licenses. Customers can no long......
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IBM Software Audit Step Number 1: Read the Contract
When first contacted by IBM for a "compliance review" (read: software audit), many business owners simply assume that the scope of the requested audit is within IBM’s rights under applicable licensing agreements. Alternatively, if they do request that IBM identify the basi......
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Tread Carefully When Deploying IBM Software in Server Clusters
Many businesses are realizing the processing and failover benefits of incorporating clustered servers in their IT environments. Having groups of servers whose processing resources are shared and centrally allocated means that server malfunctions can be remedied without compr......
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The Basics of Sub-Capacity PVU Licensing for IBM Software
A processor value unit (PVU) is a unit of measurement that IBM uses to determine licensing costs based on the kinds of processors deployed on servers where IBM software is installed. A server’s PVU count is defined by the brand, model and number of physical processors runn......
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IBM Software Audits Involve Complex Licensing Rules
Business owners and managers whose companies have been targeted by IBM for a compliance audit often express surprise at the complex method IBM uses to determine the licensing requirements for many of its server software products, such as WebSphere and Tivoli. Many software v......
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IBM Initiates Expansive Compliance Audits
IBM has begun a comprehensive program of compliance audits of its software clients. Scott & Scott’s clients have begun receiving letters from IBM Software Compliance demanding cooperation with a “routine assessment” of the client’s deployment of IBM software. Acc......
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Campaign for Clear Licensing Turns its Sights to IBM and SAP
Having shone its spotlight on Oracle’s notoriously complex licensing policies and often adversarial audit practices, the Campaign for Clear Licensing (CCL), a UK-based org......
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Beware IBM Acquisitions and Product Transitions
IBM software licensing can be a very complex knot to untie. While IBM does develop new products in house, many of its most popular offerings (Cognos, Tivoli and ILOG, to name a few) are the result of its active history of acquiring smaller publishers and then continuing to o......