Access, the company that through a combination of money, witchcraft, and the fact that nobody else really wanted it, got their corporate hands on the Palm OS source code a while back. Since this is same source that's used to power your Treo 650/680/700 smartphones, Palm (the company that makes the hardware) has been worried about how it could take its phones to the next OS level. That is, until now. Palm's just announced a non-exclusive agreement to license the Garnet source code for their upcoming PDA/Phones for $44 million.

This agreement gives them the right to modify the code to adapt it for smartphones, Cylons, or whatever else they decide to run the OS on. This means that when Palm makes a next-gen OS, it can shove in parts of Garnet to keep compatibility with current Palm apps so you won't have to throw away everything you already love. – Jason Chen

FAQ [Access via Palm Info Center]

Planning on formatting your hard drive to lay down a nice, clean install of Vista Ultimate where you had XP? Well then you had better plan on spending $140 more than you originally intended. It turns out that upgrade versions of Vista won't accept your old XP CD as proof that you really are just upgrading—you actually have to install Vista on top of XP. This annoys the hell out of me because clean installs simply make for better performing machines. Why is Microsoft making our lives difficult?

Ken Fisher at Ars thinks Microsoft is trying to prevent users from using the same copy of Vista on successive computers over the next (probably) several years. In other words, every time you build a new computer, rather than moving Vista over from your old machine, they want you to buy a new copy.

Microsoft hinted at this late last year with the licensing scheme they initially unveiled. Of course, it was so blatantly restrictive, the backlash on the net was deafening, and Microsoft quickly reneged, seemingly back to a more traditional Windows licensing setup. Since this setup more or less repeats the effects of the recanted scheme, it's possible we'll see a similar uproar over the next week. – Matt Buchanan

Vista "upgrade" drops compliance checking, requires old OS to install [Ars Technica]

Filed under: HDTV, Home Entertainment

We all had high hopes that SED TVs wouldn't become another case of "what could have been," but unfortunately for everyone, things aren't looking too bright right about now. Last we heard, Canon was reportedly all set to buy out Toshiba's display stake, theoretically squashing Nano-Proprietary's claim that licensing agreements would be breached if Tosh remained in the mix, but it seems that things just can't be so easy. A federal judge has now ruled that Canon "violated its agreement with Texas-based Nano-Proprietary by forming a joint television venture with Toshiba," and while "damages still need to be determined," it's fairly clear who will come out the victor in this scenario. Still, this just appears to be yet another snag in the development of new nanotube sets, and while we should all just be used to it by now, that glimmer of hope that Canon and Nano-Proprietary "could now develop a new licensing agreement" is still (currently) alive.

 

Read | Permalink | Email this | Comments

---

BOLD MOVES: THE FUTURE OF FORD A new documentary series. Be part of the transformation as it happens in real-time

Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Brian F. Fitzgerald, Jessica M. Coates, and Suzanne M. Lewis (eds.), Open Content Licensing: Cultivating the Creative Commons, Sydney University Press, March 22, 2007.  A new book on from Sydney UP available in both an OA edition and a priced/printed edition.  You can also jump directly to individually self-archived chapters.  (Thanks to Jessica Coates.)

Abstract:   Open Content Licensing: Cultivating the Creative Commons brings together papers from some of the most prominent thinkers of our time on the internet, law and the importance of open content licensing in the digital age. Drawing on material presented at the Queensland University of Technology conference of the same name in January 2005, the text provides a snapshot of the thoughts of over 30 Australian and international experts – including Professor Lawrence Lessig, Futurist Richard Neville and the Hon Justice Ronald Sackville – on topics surrounding the international Creative Commons, from the landmark Eldred v Ashcroft copyright term decision to the legalities of digital sampling in a remix world. Edited book: Contributors include: Richard Neville, Professor Arun Sharma, Mark Fallu, Professor Barry Conyngham AM, Greg Lane, Professor Brian Fitzgerald, Nic Suzor, Professor Lawrence Lessig, Professor Richard Jones, Professor Greg Hearn, Professor John Quiggin, Dr David Rooney, Neeru Paharia, Michael Lavarch, Stuart Cunningha, Dr Terry Cutler, Damien O’Brien, Renato Ianella, Carol Fripp, Dennis MacNamara, Jean Burgess, The Hon Justice James Douglas, The Hon Justice Ronald Sackville, Linda Lavarch MP, Tom Cochrane, Ian Oi, Dr Anne Fitzgerald, Neale Hooper, Keith Done, Sal Humphreys, John Banks,

Hi,

With more and more people enquiring about the licensing around hosted services and providing software as a service I thought it would be useful to discussing the licensing and answer some frequently asked questions.

Microsoft provides for two distinct types of software use rights relevant to outsourcers and managed service providers (collectively, “outsourcer[s]”):

· Internal use. Internal use rights are provided in the following types of licenses: Original Equipment Manufacturer (OEM) license that accompanies hardware, Full Packaged Product (FPP) from a reseller, and the Microsoft Volume Licensing programs (Open License, Select License, and Enterprise Agreement [EA], collectively “VL”). These licenses are for use of Microsoft software internally by the contracting entity. Outsourcers cannot acquire and use these types of licenses to provide outsourced software services to their customers.

· Use for commercial software services. The Services Provider Licensing Agreement (SPLA) provides use rights for commercial software services, permitting outsourcers to offer commercial software services such as Web hosting, application infrastructure services, and application hosting to their customers.

The Services Provider License Agreement (SPLA) enables service providers to license Microsoft products on a monthly basis to provide services and hosted applications to their end customers.

This SPLA License program is designed for all software services providers. Examples include Web hosters, application services providers, messaging and/or collaboration services providers, platform infrastructure providers, streaming media service providers and ISV's with hosted applications running on Microsoft technologies. This SPLA license provides 3rd party commercial use rights to service providers, who will be the holder of these Microsoft licenses, and the end customers receiving this software service are not required to obtain their own Microsoft software licenses. End customers receive the right to interact with functionalities of Microsoft software through the services provider's SPLA licenses. Service Providers cannot use FPP, Open, Select or EA licenses purchased in their name to provide software services.

We also have a new local SPLA reseller, Micromail www.micromail.ie

 

Scenario	Process	Type of License	Licensee
1) Outsourcer provides IT management services to the customer which acquires its own licenses.	Customer acquires licenses. Outsourcer manages and services the customer’s IT, including software licenses.	Internal Use (OEM, FPP, or VL)	Customer
2) Outsourcer acquires licenses on behalf of the customer as part of outsourcer’s IT management services	Outsourcer acquires licenses on behalf of customer. Please note, the license must be in the customer’s name, not the outsourcer’s name. Outsourcer manages and services the customer’s IT, including software licenses.	Internal Use (OEM, FPP, or VL through Open)	Customer
3) Outsourcer authorized to acquire licenses under the customer’s Select agreement or EA in order to provide IT management services to the customer	Outsourcer and customer sign the Select Outsourcer Enrollment or the EA Outsourcer Enrollment with Microsoft. Outsourcer becomes an enrolled affiliate under the customer’s Select Agreement or EA. During the term of the enrollment, Outsourcer acquires licenses for customer’s benefit. Upon expiration of the enrollment, the licenses must be transferred to the customer or they automatically expire.	Internal Use (VL through Select and EA)	Outsourcer during the term of the Outsourcer Enrollment
(4) Outsourcer provides hosted software services to the customer	Outsourcer signs the SPLA with Microsoft. Outsourcer sublicenses non-perpetual use rights to the customer for applicable Microsoft software. Outsourcer reports the customer’s software usage to Microsoft on a monthly basis and pays associated monthly license fees	Commercial Services (SPLA)	Outsourcer

Q&A

Q. If an outsourcer purchases hardware preinstalled with Microsoft software, can that software be used to provide software hosting services to an end customer?

A. No, the OEM End User License Agreement (EULA) prohibits commercial hosting. An outsourcer cannot purchase hardware with Microsoft software and use the software to provide software hosting services to its customers. However, an outsourcer can manage and service hardware with Microsoft software that is acquired either by the customer or by the outsourcer on the customer’s behalf. Microsoft software and the associated license that comes with the hardware can be transferred only as part of a transfer of the hardware.

Q: Can an outsourcer purchase software licenses through the Open license program or the retail channel (full packaged product) and use those licenses to provide software as a service to an end customer?

A: No, as with OEM software licenses, the end-user use rights in these types of licenses are internal use only and prohibit commercial hosting. However, if an outsourcer acquires these licenses on behalf of the customer, the outsourcer can manage and service the software and associated licenses.

Q. How can an outsourcer assist the customer with acquiring and managing software licenses?

A. If the outsourcer wants to provide IT management services, it can either acquire the licenses under a Select or EA Outsourcer Enrollment, or acquire the licenses on behalf of the customer through hardware acquisitions, retail FPP, or the Open License program. If the outsourcer wants to provide hosted software services, it must sign the Services Provider Licensing Agreement (SPLA) with Microsoft.

Q. Can licenses be transferred between an outsourcer and its customer?

A. Each type of license has its own rules concerning license transfer. OEM software licenses must be transferred with the hardware on which the software was originally installed. FPP licenses must be transferred with everything that came in the retail box. Open licenses must be transferred in conjunction with the entire Open agreement. Details about license transfers under a Select agreement or EA can be found at http://download.microsoft.com/download/6/8/9/68964284-864d-4a6d-aed9-f2c1f8f23e14/license_transfer.doc. However, if a customer transfers its licenses to an outsourcer, the outsourcer cannot use those licenses to provide outsourced software services to the customer. Those internal-use licenses may only be used internally by the licensee (the outsourcer, after the transfer).

Note: This Microsoft Volume Licensing Brief is provided for general informational purposes only. For the terms and conditions governing your use of Microsoft software, please refer to the applicable license agreement.

Feel free to contact me if you have any queries

Speak to you soon

Ciara

Hi,

There is a new addition to the Partner Program that I thought would be of interest to all of you who develop or design for the web.

Have you heard of the Action Pack? Well the Action Pack has been around for a few years now and like Empower is one of our best kept secrets! It gives you access to a wide range of Microsoft Software for internal business use. For just €320 you get ten licenses for use in your day to day business. You might think "how does this help me, I am a web agency?" Well the Action Pack now offers the Web Solutions Toolkit at no additional cost. It offers the following on top on the 10 business licenses:

• Microsoft Visual Studio Standard 2008—a comprehensive, high-productivity, professional development environment that you can use to build high-performance, multi-tier applications for Windows, Web, and common consumer mobile devices.
• Expression Studio—a suite of tools for creative designers, including:
  • Expression Web—a professional design tool that you can use to create modern, standards-based sites that deliver superior quality on the Web.
  • Expression Blend—the professional design tool to create engaging, Web-connected, user experiences for Windows.
  • Expression Design—the professional illustration and graphic design tool that enables you to build compelling elements for both Web and desktop application user interfaces.
  • Expression Media—the professional asset-management tool that enables you to visually catalog and organize your digital assets for easy retrieval and presentation.

Technology Resource Kits

• The Windows Live Resource Kit. Find out how you can build new applications to create business opportunities using the Windows Live platform. Here’s what you get:
  • Links to technical and commercial information, demos, and software development kits (SDKs) geared to your business needs
  • Access to shared code
  • Presentations and case studies that demonstrate how building solutions with the Windows Live platform can benefit your business
• The Custom Web Development Jumpstart Kit. Learn how to create business solutions and offer services on the Microsoft Windows Live and Office Live platforms that you can adapt, customize, and expand to fit your customers’ unique needs. The kit includes:
  • Windows CardSpace labs
  • Windows Sidebar Gadget labs
  • Office Live training
  • Silverlight videos, demos, and quickstarts

Business Resource Papers

Guidance from industry experts on how you can leverage Microsoft offerings to create compelling products and services based on best practices and tried business models.

The following links will give you further information or alternatively feel free to drop me a line.

Intro to Web Solutions Toolkit (overview):           https://partner.microsoft.com/global/40044196

Toolkit Contents + How to Get your toolkit          https://partner.microsoft.com/global/40047166

Speak to you soon.

Ciara

Hi,

Lately I have received lots of calls and emails in relation to volume license keys, people not being able to find them and wondering what they can do.

Not all Volume Licensing products require a key. Some products have a built-in key; this is known as "prepopulating the Product ID (PID)." Some Volume License Keys cannot be obtained through MVLS or eOpen and these are noted in the link below.

The following link will outline the products that require a VLK.

http://www.microsoft.com/licensing/resources/vol/volumelicensekey/default.mspx

Keys are assigned to and intended for the sole use of your organization. You may be held responsible for unauthorized use of Volume License Keys that are issued under your agreement, so be sure to keep your keys secure and do not disclose them to unauthorized parties. If you use the Microsoft Volume License Services Web site, you should regularly review and update the user permissions.

Please feel free to drop me a line if you have any queries on vs-irl@microsoft.com

Have a good weekend.

Ciara

 

Perhaps some of you are wondering what has been happening since last week’s posting about Becta?

 

The OFT are currently reviewing Becta’s letter. As yet, we have not been given a firm date as to when a decision will be made on whether they see this issue as something they will look to pursue.

 

In the meantime, it’s ‘business as usual’. Microsoft education customers – both new and existing - will still have the same access to our technology at great prices and via a purchasing arrangement that suits individual needs.  

Hi,

I thought that the following information on platform independent licensing might be of interest to you as I have been asked some questions on this recently

Microsoft Excel, Office Standard Edition, Office Professional Edition, PowerPoint, Microsoft Project, Word and Works are “platform independent” licenses. A platform independent license allows for a specific product to be used on any computer platform (e.g., Intel®-based, Macintosh) that the software runs on, provided that the version is the same or lower as the original version that was licensed. For instance, a customer who acquired Microsoft Excel 5.0 for Macintosh may choose to use that license to run Microsoft Excel 5.0 for Windows or Microsoft Excel 5.0 for Windows NT, but could not use the license to run Microsoft Excel 7.0 for Windows 95.

The components of a product may vary by platform. In this case, a customer may run only the components of a product that are included in the version they choose to deploy.  For example, if a customer licenses Office Professional for Macintosh, but chooses to run Office Professional 2003 for Windows, the customer is not licensed to run Virtual PC 2004 (Windows), since Virtual PC 2004 is not included with the Windows version of the product.

Further, a customer who enrolls a platform independent license in Software Assurance is eligible to use the most current version of that particular product which is available during the term of the upgrade protection coverage, regardless of platform (as long as only one version is installed/used at a time). For example, a customer who has a Word for the Macintosh license enrolled in Word for the Macintosh Software Assurance or Upgrade Advantage is eligible to switch and use the most current version of Word for Windows that is released during the term of their coverage.

Microsoft SQL Server is a “platform independent” license. A platform independent license allows for a specific product to be used on any computer platform that the software runs on, provided that the version is the same or lower as the original version that was licensed.

Further, a customer who enrolls a platform independent license in Software Assurance is eligible to use the most current version of that particular product which is available during the term of the upgrade protection coverage, regardless of platform (as long as only one version is installed/used at a time).

As always please feel free to contact me with any queries you may have on

vs-irl@microsoft.com

Speak to you soon.

Ciara

Hi,

For as long as I have been answering licensing question, one topic that keeps coming up is reimaging rights, and the do's and don'ts, so I thought I would take some time to explain this.

Reimaging is the copying of software onto multiple devices from one standard image. Reimaging rights are granted to all Microsoft® Volume Licensing customers. Under these rights, customers may reimage original equipment manufacturer (OEM) or full packaged product (FPP) licensed copies using media provided under their Volume Licensing agreement. However, there are certain conditions to using the volume licensing media for reimaging software previously installed either by the OEM or from FPP.

Benefits

A key benefit to licensing Microsoft software under a Microsoft Volume Licensing program is the use of volume licensing media to deploy the software with the same standard image across multiple licensed devices, whether those devices are licensed under that Volume Licensing program or through OEM or FPP. Use of a standard image leads to:

§ More timely software deployment

§ Reduced total cost of ownership (TCO) through easier deployment

§ Standardization of software on multiple devices and streamlined product activation

Reimaging Eligibility

Reimaging is permitted if the copies made from the volume licensing media are identical to the originally-licensed product[1]. If a Volume Licensing customer has licensed Microsoft software products from an OEM, through a retail source or under any agreement other than its Microsoft Volume Licensing agreement, the customer may use copies made from Microsoft Volume Licensing media in place of any copies made from the media provided through that separate source, so long as they are the same product, contain the same components, are the same language, and are the same version.

Examples that do not meet the eligibility criteria for reimaging are:

Different products: Microsoft Office Professional Plus 2007 and Microsoft Office Standard 2007 are not the same product. Therefore, you cannot reimage in this example. Additionally the Windows Vista™ Business and Windows Vista Home Premium operating systems are not the same product. Therefore, you cannot reimage in this example.

Different components: Suites such as in the 2007 Microsoft Office system must have exactly the same component products (e.g., Microsoft Office Word 2007, Microsoft Office Outlook® 2007 messaging and collaboration client, etc.). Microsoft Office Professional 2007 licensed through the OEM, system builder, or FPP channel and Microsoft Office Professional Plus 2007 licensed through Microsoft Volume Licensing are not the same product, nor do they do share the same components. Therefore, you cannot reimage in this example.

Different language: English and Multi-lingual User Interface Packs are not the same language. Therefore, you cannot reimage in this example. Also, different languages such as English and French do not meet the criteria. Therefore, you cannot reimage in this example.

Different version: Microsoft Office 2003 and the 2007 Microsoft Office system are not the same version. Therefore, you cannot reimage in this example. Windows Vista Business and the Windows® XP Professional operating system are not the same version Therefore, you cannot reimage in this example.

While Microsoft Volume Licensing programs do not offer licenses for the full version of the Windows operating system for desktop PCs, the media for both the full versions of the operating system are available under those programs. Reimaging using the full version media requires that customers have licensed the Windows desktop PC operating system either preinstalled through the OEM or as an FPP retail product. A volume licensing customer can use their volume licensing media to reimage their Windows desktop PC operating system from an OEM provided that it is the same version and product as that on the Certificate of Authenticity (COA) label that came with the PC. .

Notes

§ Any licensed Microsoft software contained in the product pool media received under your Select License, Enterprise Agreement, Enterprise Agreement Subscription, Campus Agreement, or School Agreement and available through sources outside Volume Licensing is covered by these reimaging rights.

§ Any licensed Microsoft software for which at least one license is acquired under your Open License authorization number is covered by these reimaging rights.

FAQs

What is Microsoft Volume Licensing media?

Microsoft Volume Licensing media includes media supplied by Microsoft to you on a regular basis as part of your Select License, Enterprise Agreement, or Enterprise Agreement Subscription agreement, and, in the case of Open License, media approved for internal deployment of copies licensed under Open License (also referred to as “Open media”).

What happens to support and warranty coverage for Microsoft software licensed through a finished goods channel that is reimaged with volume licensing media?

Microsoft’s Volume Licensing programs are separate from the support offerings available from Microsoft and its sales partners. You should investigate the contractual and support implications with your OEM before reimaging and make arrangements accordingly. You are not entitled to Microsoft support as a result of reimaging using Microsoft Volume Licensing media and should discuss any impact to your existing warranty and support coverage with your current warranty and support provider.

Why is Microsoft Office licensed through volume licensing programs a different product from Microsoft Office licensed through OEM, retail, or other finished goods channels?

Microsoft Office sold through volume licensing programs is an Enterprise Product with a different user interface, bypass enablement, and tools. Designed for enterprises, Microsoft Office sold in volume licensing empowers IT administrators with tools for deployment, management, and customization of the product, and provides end users with additional functionalities.

Can I use my Windows Vista Enterprise volume licensing media to reimage an OEM PC licensed for Windows Vista Business that is not covered by Software Assurance?

No. Only PCs covered with Software Assurance for the Windows OS are eligible for Windows Vista Enterprise.

---

[1] Windows Vista Enterprise is not available as an originally-licensed product, and, therefore, not eligible for reimaging.

Let me know if you have any questions.

Speak to you soon

Ciara

A week or so back, I talked about devMetrics in VS 2005. In the course of migration, I've decided to change things......(read more)