News & Insights

CFSL Executive Director Joins Lincoln Network’s “The Dynamist” Podcast to Discuss Restrictive Software Licensing

Ryan Triplette, Executive Director of the Coalition for Fair Software Licensing, recently joined Evan Swarztrauber, Senior Advisor at the Lincoln Network, onThe Dynamist” podcast to discuss how software licensing in the cloud has become too restrictive, which harms consumers and businesses alike. 

In an episode titled, “Is Software Licensing in the Cloud Unfair?,” Triplette explains how these restrictive practices by legacy providers make it more difficult for businesses and governments to operate. Triplette also discusses the solutions policymakers can pursue to address and remedy these issues. 

Check out highlights from the episode below:

On the Booming Cloud Market

“[We want to] ensure that customers are able to have full flexibility and [the ability] to choose all these different cloud service offerings that are coming up. Fundamentally, this is really about competition…We want to ensure that there is robust growth and customers are able to access it.”

On How Restrictive Software Licensing Harms Customers

“What’s interesting is, over the past couple of years, you’ve seen some companies that provide software and have adjacent cloud services, beginning to condition this discount. Not on the number of software licenses they’re using, but on the adoption of their own cloud service… 

“This presents the customer with a lot of double-edged swords, and frankly, it imposes costs no matter what… 

“Let’s say [the customer] has been using an alternative cloud service provider, while they’re looking at the costs being two, three, or four times more for the core productivity software, or other software that they need to run their business… 

“Or they’re [having] to go through an entirely different migration process to use the software provider’s own cloud services. This is not cheap…It has an exponential cost. So you’re looking at potential cost-savings on the software, but unexpected costs on the new cloud service. So it’s been putting a lot of customers, both on the government side and on the commercial side, in a difficult position.”

On Vendor Lock-Ins

“When you’re locked into a single vendor, those switching costs are significant. It’s not a matter of ‘I’m gonna pay one month’s rent or one month’s fees’ for this service. You’re looking at kind of a wholesale cost.”

On Cybersecurity Concerns of Restrictive Software Licensing 

“You want to make sure that you, as a vendor, are able to effectively secure and ensure the security of your products. Well, there’s an interesting thing that happens when you have the vendor that’s selling you the productivity software and also selling you the security service…

“In resiliency plans, you want to have a diversification of vendors. It is one of the ‘best practices’ out there, [making] sure you have different vendors looking for different things. So, while you can make the argument that there are cybersecurity concerns, it’s also for the same reason that you want to make sure that you can have a diversity of cybersecurity providers that catch everything, and there’s not a twisted interest.”

On the Coalition’s Principles 

“The first one being, licensing terms should be clear and intelligible. This is something that’s been met with resistance and it’s interesting why. This fundamentally just says that, as a customer, be it the government, a corporate entity, or me as an individual, I should be able to understand the license that I’m getting into.”

To learn more about how the Coalition for Fair Software Licensing is working to unlock greater customer choice, innovation, and security in the cloud by advocating for the adoption of the Principles of Fair Software Licensing, please click here.

As a healthcare software provider, our ability to utilize the cloud provider of our choice impacts more than just our business – it affects the health and well-being of patients everywhere. Restrictive software licensing imposes real-world threats like pricing increases that directly influence how we are able to assist healthcare providers and the patients they serve. We support the Principles of Fair Software Licensing to protect both cloud customers and the communities they serve.

Healthcare Technology Company

Cloud computing has brought low-cost, on-demand IT services to every corner of the economy, raising productivity and innovation levels at enterprises of all sizes. And intense competition and innovation among cloud providers continues to drive costs down while adding new customer capabilities.

But some incumbent IT vendors are imposing restrictive software licenses to limit how customers can take advantage of competing cloud offerings.

NetChoice supports the Principles of Fair Software Licensing as a roadmap to drive innovation, serve customers, and promote competition in IT services.

NetChoice

Frustration, use limitations, threatened audits, and significant additional expenses. That has been our experience with unfair software licensing. Organizations need transparency from their software providers.

We support the work of the Coalition for Fair Software Licensing to protect customers and ensure IT spend is effective and free from surprises.

Global Building Materials Supplier

Unfair software licensing practices in the cloud are a global issue, and CISPE is pleased that the Coalition for Fair Software Licensing is taking the Principles to North America.

Originally launched and jointly conceived by customers and cloud providers in Europe, we encourage customers around the world confronted with unfair software licensing practices to consider the Principles as a powerful framework for positive change.

CISPE

As start-ups, it is essential that we retain flexibility to use the cloud infrastructures that fit best our aspirations and those of our customers. The Principles of Fair Software Licensing help the next generation of software and service providers to avoid lock in and ensure a fair playing field for all. Seeing their adoption in North America adds weight to this important movement for innovators in Spain and worldwide.

Carlos Mateo Enseñat

President, Asociación Española de Startups (AES), and Promoter of the NUBES Initiative in Spain

Developed in Europe by CIOs and cloud providers, the Principles of Fair Software Licensing are supported by digital organizations in Italy such as Assintel. Assintel welcomes the Coalition for Fair Software Licensing’s embrace of the Principles in North America. Fair licensing of software in the cloud is a global issue for businesses of all sizes. In Italy, our government recognises this challenge and just updated its antitrust bill to put an end to unfair software licensing practices.

Businesses in North America can benefit just as well as those in Italy from a best practice framework for software licensing.

Paola Generali

President, Assintel

As a longtime advocate for open systems and open networks, CCIA supports the competitive ideals reflected in the Principles of Fair Software Licensing for Cloud Customers as the Coalition embarks upon its efforts in North America.

Matt Schruers

President, CCIA

Some legacy software providers are attempting to extend their current on-premise market dominance into the cloud market through aggressive and restrictive contracts, licensing terms, and software audits.

While many promote ‘cloud freedom,’ in actuality they are employing tactics designed to lock out competition and innovation while increasing profits for themselves at the expense of their customers. No longer can legacy software providers be allowed to disguise their predatory practices.

I am proud to align myself with the Coalition for Fair Software Licensing in shining a light on these issues and putting forth actionable solutions.

Craig Guarente

Founder and CEO, Palisade Compliance

Despite the current spotlight on antitrust issues in Washington, behemoth software providers continue to misuse their legacy status and market power to target business customers with predatory audits and trap those customers in restrictive licensing agreements.

Through our practice — dedicated to representing software licensees against these very tactics — we have seen first-hand the real world effects of such licensing practices. Both growing and established companies are routinely kneecapped by unexpected costs, forced to waste immeasurable resources in spurious audit defense, and stymied in their efforts to make the technology changes they believe are necessary for their business.

We support the Principles of Fair Software Licensing and believe they represent an excellent and necessary step towards much needed business consumer relief and will help open the market to smaller providers in the cloud ecosystem.

Arthur S. Beeman & Joel T. Muchmore

Founding Partners, Beeman & Muchmore, LLP

Consumers benefit from a competitive, dynamic information technology marketplace. Competition drives innovation and ensures that customers get the benefit of fair pricing.

Overly restrictive, abusive licensing agreements from IT companies with market power, on the other hand, impose costs on government and corporate customers of reduced innovation and long-term price increases. We support the Principles of Fair Software Licensing and policies that encourage innovation, competition, and licensing practices that give customers the freedom to mix and match solutions from a wide variety of vendors.

This is particularly critical in the market for cyber security solutions since hackers are innovating every day, leveraging new strategies, new tactics, and new technologies to support their illegal campaigns. The only way to defeat nation states and trans-national criminal organizations is for the government to ensure that the IT market for cyber security is as competitive as possible and customers have the freedom to choose.

Cybersecurity Provider

The Alliance for Digital Innovation supports the Coalition for Fair Software Licensing’s efforts to protect customer choice and advocate for access to modern, secure commercial solutions.

As advocates for public sector customers, we think that government mission owners and enterprise information technology and cybersecurity leaders should have access to as many modern commercial solutions as possible.

These solutions are critical components to driving digital innovation and security in the public sector, and ADI supports removing barriers that slow adoption of those solutions, including restrictive licensing practices.

Alliance for Digital Innovation

As an attorney, I have represented enterprise software customers for years and have routinely seen enterprise software companies deploy predatory business practices, including falsely inflating alleged non-compliance gaps, to increase profits and limit customers’ ability to go elsewhere.

These practices produce causal effects throughout the economy including increased prices, as businesses across various sectors are forced to spend resources dealing with these unforeseen issues. I support the work of the Coalition for Fair Software Licensing to help my clients and enhance an economy that provides opportunities to all.

Pam Fulmer

Founder and Partner, Tactical Law Group LLP

We believe licensees should be able to deploy licensed software in a way that best suits their business, including their choice of cloud provider at no additional cost. Having experienced licensing practices inconsistent with the Principles of Fair Software Licensing, we support the Principles and urge others to support both them and the Coalition for Fair Software Licensing.

Insurance Industry Business

Startups, often operating with limited resources, need the freedom to assemble the technology infrastructure that best suits their needs.

Cloud computing infrastructure is central to startup growth, and the Principles of Fair Software Licensing will help maintain accountability, mitigate unnecessary costs, and promote innovation in this environment.

Industry-wide adherence to these principles will level the playing field for startups.

Engine

Get Involved

Learn more about joining the Coalition or expressing support for its Principles