* Posts by grizzlybaz

14 publicly visible posts • joined 6 Dec 2017

Parler games: Social network for internet rejects sues Amazon Web Services for pulling plug on hosting

grizzlybaz

Re: @AC and @ Author Thank god

"And I'd be willing to bet there was a clause in the AWS service agreement that would negate the 30 day notice requirement if Parler was doing something "bad" like violating the law."

And you would win that bet - such a clause does exist in AWS' customer agreement. Clause 7.2(b)(ii) includes:

"We may also terminate this Agreement immediately upon notice to you for cause if we have the right to suspend under Section 6"

AWS used section 6 to suspend service to Parler under clause 6.1(b):

"you are, or any End User is, in breach of this Agreement"

The customer agreement also includes AWS' Acceptable Use Policy, which you'll be astounded to learn includes:

"You may not use, or encourage, promote, facilitate or instruct others to use, the Services or AWS Site for any illegal, harmful, fraudulent, infringing or offensive use"

Needless to say, "illegal, harmful...offensive use" definitions include pretty much everything Parler was allowing its end users to post. So, in a nutshell, AWS have terminated the contract within their rights and Parler are just fishing in the wind....unless they can prove the anti-trust portion of their claim, which is unlikely.

Global bean-counting behemoth PWC tells vendors: Now would be a great time to audit your customers

grizzlybaz

Of course PwC are going to advocate licence audits...

...they act as a 3rd party auditor for several of the major vendors, especially Microsoft and VMware. This is just as much about generating revenue for them as it is for the vendors. That said, if you know your contracts, there is usually a way round it. Most vendors will have a statement in the audit clause of a contract about not unreasonably impacting on your business so, at a time like this, it's very easy to argue that an audit now would be an unreasonable impact; especially when most of the techs will be focusing on keeping the lights on during the pandemic. Here's a blog post about this very issue I wrote a couple of months back...

https://cortexconsulting.co.uk/blog/f/how-to-respond-to-a-vendor-audit---global-pandemic-version

The time to watch out is post-pandemic - lots of vendors have made free stuff available to help customers execute business continuity plans (Microsoft, Zoom, Citrix to name some of the more prominent ones) and they will be looking to collect on that when businesses are back up and running fully.

ITAM Forum opens: 'People just want to talk to other managers about how to defend against software audits'

grizzlybaz

Re: Avoid Oracle and SAP

Simply untrue, I'm afraid. There are still many vendors who audit and some who are even more aggressive then SAP and Oracle. Micro Focus, in particular, are quite active at the moment. Whilst there are many alternative options to software from some of the big vendors (and I, like you, advocate that companies get off SAP and Oracle if they can), in enterprise estates, it's never that easy. There are still not that many large organisations willing to take the plunge with open source software. That said, open source software is still subject to license. The chances of you being punished for misusing it though are minimal.

grizzlybaz

Re: "learn to defend themselves against audits"

Audits are very much not consensual. If you have agreed to a software contract and it contains a clause that grants the vendor the right to check your compliance with its terms, then it's not really optional. Obviously they can't just kick your door down and there has to be a degree of reasonable behaviour, but ignoring a vendor who wants to audit your usage when you've legally agreed to them having the right to do so, is a very slippery slope indeed. There are certain software vendors who don't worry about auditing anymore but there are still a lot of enterprise scale publishers who do and most of them will use an audit outcome as leverage to get you into their cloud platforms. The best way to avoid an audit is to manage your software licences and consumption properly.

Take Sajid Javid's comments on IR35 UK contractor rules with a bucket of salt, warns tax guru

grizzlybaz

Re: "Now, we are calling on all parties to [..] halt the 2020 roll-out"

To be fair, the IPSE have been campaigning long and hard about this issue. The government just haven't listened because it's more fun to paint contractors as "tax dodgers".

Joe Public wants NHS to spend its cash on cancer, mental health, not digital services

grizzlybaz

Re: Wrong!

HIT. NAIL. ON. HEAD.

One of the big problems with the NHS, as with most of the public sector, is cultural. Not the medical staff but the administrators and management. Every time any politician talks about giving more money to the NHS, I grown inwardly, because they don't efficiently spend what they're already getting. Every NHS trust has its own IT, procurement, management, administrative functions. How much money could be saved if functions like these were centralised? But, of course, the senior civil servants resist change like this because if you take away some of their money, you take away some of their power.

Capita, Serco, Sopra Steria to write cheat-sheets for UK.gov in case they collapse

grizzlybaz

I remember when I was contracting for one of the major central govt departments, which had IT services contracts with all three of these charlatans (plus a few others besides). Crapita, in particular, were a royal pain - they lost a contract to TCS and point blank refused to hand over back ups of the applications, citing all sorts of commercial nonsense. End result was that they managed to extend their contract by about 6 months while the mess was sorted out.

HMRC contractor scores IR35 payout after yet another taxman blunder

grizzlybaz

Re: "HMRC settled the tribunal case immediately before it was due to start"

If there were penalties for incompetence, great swathes of the civil service would be out of work.

Oracle tells court: Boss man Mark Hurd didn't have docs relevant to HPE spat over Solaris

grizzlybaz

No love lost...

Yet another step in the eternal bitch fest between HP and Oracle. I was working at HPES when Hurd was forced out over misuse of expenses and this war kicked off before the ink had dried on his Oracle employment contract. Oracle fired the first shot when they doubled the processor core factor from 0.5 to 1 for the Itanium processor range as soon as he moved, thereby making it twice as expensive to licence their Technology stack on HP hardware.

UK.gov IT projects that are failing: Verify. Border control. 4G for blue-light services. We can go on

grizzlybaz

Couldn't agree more. I've been (un)fortunate enough to observe multiple public sector organisations at close quarters through various engagements and it's always the same. The issue is, as ever, one of mindset. The real skills are in the contractors, and we all know what's happening to them in the public sector at the moment, whilst the civil servants can comfortably cruise through their careers, not taking accountability, not really learning any valuable skills, and generally under no threat of termination if they fuck something up. I spent 18 months contracting at said Home Office a good few years ago and the permies there spent more time taking umbrage over the fact they were losing their day off for the Queen's birthday (the union discourse over that one was a joy to behold) and bitching about their pensions, than actually doing the jobs they were supposedly employed for in the first place. Nothing in this article surprises me because it's always the same. "Home Office receives red alert from NAO for <insert project name here>."

Brit bank Lloyds carves out role for ex-Microsoft design guy Dan Makoski

grizzlybaz

Re: Corporate logo update...

To be fair, that would better fit the mindset of the some of the management working there...

HMRC opens consultation to crack down on off-payroll working in private sector

grizzlybaz

I do. I used to operate through a limited company but would it up and moved to an LLP model with a business partner. Probably the reason HMRC leave them alone is that they get a reasonable tax take. Each partner takes their share of profits as defined in the partnership agreement then pays income tax and NI through the self assessment, as if you are a self employed sole trader. I do pay a bit more tax overall now but it's a hell of a lot simpler to manage. You are still subject to company law, so we still have to submit accounts to Companies House but it's the best of both worlds in my view.

UK tech whale Micro Focus: Share price halves as CEO quits, sales slide

grizzlybaz

Cue upswing in Micro Focus audits...

...to generate some more revenue. MF are already an aggressive auditor, as are Attachmate, owned by the former since 2014, so I can really see them kicking it up a gear.

You're SAP-ing my will to live: Licensing debate lumbers on as ERP giant tries to rebuild trust

grizzlybaz

Re: Look on the bright side...

Microsoft contracts are tame by comparison to Oracle and SAP, and they even help you to understand their licensing rules by providing free training. That said, software licensing is a complex beast and vendors like SAP know full well that the majority of customers will never read the contracts before they actually sign them, which is how they get away with so many sharp practices.

What actually then makes things worse is that Oracle and SAP both have oppressive support and maintenance agreements, which prevent customers from partially terminating support on a subset of licences purchased through a particular order form. You either cancel support for the whole order form or you're stuck with it for everything. That's why 3rd party software support companies are starting to do well in the marketplace.