Partner Program comments??

[intrepid_dw]

All:

I'm a very small, part-time consultant, and I've considered signing up
as a "registered" partner with Microsoft and investing in the Action
Pack subscription that provides NFR copies of the OS and other tools
for internal testing/review etc.

I was about to sign up until I read one part of the license agreement
that, to be honest, scared me. In essence, it says that you have to
agree to let Microsoft, on 48 hours notice, audit your history and
usage of licenses and that you preemptively agree to change whatever
auditing practices you use if they don't like them.

So here's where I don't understand/get nervous. I don't understand what
Microsoft would come in and be "auditing." I don't plan to start
pirating software, I just want the tools to be able to continue testing
and "self-training" myself to continue the consulting side-business I
do have. But I don't know what the trigger is that would cause
Microsoft's black helicopters to swoop down on me. This isn't my
primary job - I have a regular full-time job as a developer, but I'd
like at some point to branch out more aggressively.

Am I being too paranoid? The $299 "Action Pack" subscription sounds
like an ideal way for me to be able to set up my own test environments,
as I surely don't have the $$$ to buy the full products, and I don't
mind reselling MS stuff as part of the process.

I'd appreciate feedback. I'm a believer in "if it sounds too good to be
true, it probably is," but if anyone has experience in this area I'd be
appreciative.

-David

Please reply to group - email used in this message is old and
long-since dead.

 

[Mike Brannigan [MSFT]]

All:

I'm a very small, part-time consultant, and I've considered signing up
as a "registered" partner with Microsoft and investing in the Action
Pack subscription that provides NFR copies of the OS and other tools
for internal testing/review etc.

I was about to sign up until I read one part of the license agreement
that, to be honest, scared me. In essence, it says that you have to
agree to let Microsoft, on 48 hours notice, audit your history and
usage of licenses and that you preemptively agree to change whatever
auditing practices you use if they don't like them.

So here's where I don't understand/get nervous. I don't understand what
Microsoft would come in and be "auditing." I don't plan to start
pirating software, I just want the tools to be able to continue testing
and "self-training" myself to continue the consulting side-business I
do have. But I don't know what the trigger is that would cause
Microsoft's black helicopters to swoop down on me. This isn't my
primary job - I have a regular full-time job as a developer, but I'd
like at some point to branch out more aggressively.

Am I being too paranoid? The $299 "Action Pack" subscription sounds
like an ideal way for me to be able to set up my own test environments,
as I surely don't have the $$$ to buy the full products, and I don't
mind reselling MS stuff as part of the process.

I'd appreciate feedback. I'm a believer in "if it sounds too good to be
true, it probably is," but if anyone has experience in this area I'd be
appreciative.

-David

Please reply to group - email used in this message is old and
long-since dead.

I'm not sure what your question is.
In the event of an audit you claim that you would be within the boundaries
of your license agreement so then you would have no issue.
--

Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

 

[intrepid_dw]

Mike

I guess I have that general question with lots of more specific
questions. Sorry I wasn't more specific.

What kinds of documentation and records will MS be expecting in such an
"audit?" What percentage of current MS partners have been audited, if
such figures are available? How many such partners that frequent these
newsgroups have been audited, and what did you have to provide?

Given that the licenses for all the software are explicitly NFR, and
presuming I don't resell them, what would they be auditing? How would I
prove I didn't sell them should MS choose to so accuse me? From another
angle, what would even trigger or inspire MS to audit someone? That is,
they'll know that I have a subscription to their Action Pack, and
whatever licenses to whatever OS's et al that implies, and that's all
I'd ever be able to document for them. They state particularly they'd
be interested in deviations of "2%" in licensed products, but what the
heck does that mean? Are they talking about records of prospective
sales of MS product licenses, eg proof of one resale per purchase?

Maybe, more generally, I'm wanting to know what *they* mean by an
audit?

David

 

[D.Currie]

Mike

I guess I have that general question with lots of more specific
questions. Sorry I wasn't more specific.

What kinds of documentation and records will MS be expecting in such an
"audit?" What percentage of current MS partners have been audited, if
such figures are available? How many such partners that frequent these
newsgroups have been audited, and what did you have to provide?

Given that the licenses for all the software are explicitly NFR, and
presuming I don't resell them, what would they be auditing? How would I
prove I didn't sell them should MS choose to so accuse me? From another
angle, what would even trigger or inspire MS to audit someone? That is,
they'll know that I have a subscription to their Action Pack, and
whatever licenses to whatever OS's et al that implies, and that's all
I'd ever be able to document for them. They state particularly they'd
be interested in deviations of "2%" in licensed products, but what the
heck does that mean? Are they talking about records of prospective
sales of MS product licenses, eg proof of one resale per purchase?

Maybe, more generally, I'm wanting to know what *they* mean by an
audit?

David

I doubt MS publishes their list of things that would trigger an audit, any
more than the IRS or sales tax board would. I would imagine it would take
something significant, though. From what I've heard, and this could be
completely offbase -- most of the investigations are triggered by people who
report someone else. Usually disgruntled customers or employees.

If you're not putting the software on more computers than you have license
for, you should be fine, and considering the number of licenses you get with
the action pack, you'll probably find that you have more than you need. If
you've got 5 PCs and 10 licenses, it's going to be a slam-dunk if they pay
you a visit. If you've got a couple hundred PCs, they might want to take a
closer look at how you keep track of which license is on which computer, but
that would be true for any business with a lot of PCs.

The action pack is really a good deal. They can come visit me any time they
want to.

 

[Guest]

just make sure you dont give any clients any illegal
copies of xp and dont run any at your shop or home, as a
partner you will be help legally responsible as any pro
is for any "funny xp copies" dont let any clients
talking you into installing from anything but original xp
cds with licenses.

 

[intrepid_dw]

dont run any at your shop or home...

Well, that's part of my problem - I run what business I have from my
home, so the only place I could use any of the licenses would BE at
home. At this point, I have a primary goal of becoming better educated
on W2K3 server and Active Directory from an administrative point of
view, but I certainly can't justify $1K for a conventional license...

I appreciate everyone's comments here. Given the way I read the license
agreement for the Action Pack and the way I intend to use it (probably
use only a handful of the licenses anyway), I believe I'd be within the
scope of the rules. It looks like a tremendous value.

-David

 

[Leythos]

Well, that's part of my problem - I run what business I have from my
home, so the only place I could use any of the licenses would BE at
home. At this point, I have a primary goal of becoming better educated
on W2K3 server and Active Directory from an administrative point of
view, but I certainly can't justify $1K for a conventional license...

I appreciate everyone's comments here. Given the way I read the license
agreement for the Action Pack and the way I intend to use it (probably
use only a handful of the licenses anyway), I believe I'd be within the
scope of the rules. It looks like a tremendous value.

David, there are two programs you need to look into:

The Partner Program, which allows you to purchase the Action Pack - great
amount of software/servers/workstations and can be used in a business
production environment. About $299 for SBS2003, and the XP/Office apps (I
think it's 10 licenses).

ISV program, again, if you write MS based code/applications you can join
the ISV program, and get a full 5 MSDN Universal licenses, which gives you
access to EVERYTHING MS has (except game type stuff) and allows you to
install as many TEST/DEVELOPMENT copies as you want - was $400 to join.

You can actually join both and it's a very nice program that few people
know about.