A Leading UK Authority in Software Asset Management & IT Compliance

Prevention is better than cure

11th May 2009

Every organisation has an objective to develop ‘world-class’ products and services, creating more competitive offerings, while driving down costs and increasing margins and productivity. 

However, in order to achieve this business goal, most organisations aren’t following a comprehensive IT compliance programme, or focusing on managing business risks more effectively to ensure continuity of business processes.

The benefits of good Software Asset Management (SAM) practices have been so widely documented it is interesting that there is still this inertia in the market. Why is this?

It’s a risky business

Too often, organisations take inadequate licensing as a given, and fail to prioritise good Software Asset Management as a necessary business process. In doing so, they fail to realise that being under licensed can potentially cost them money, in terms of fines and settlements from software publishers, and ultimately affect their company’s reputation. All organisations should view the lack of control of software assets as a risk to their business, especially if they cannot quickly and easily demonstrate the ‘rights to use’ for all software they are using. 

The first step for any organisation embarking on a software compliance or SAM programme is to undertake a review of their IT infrastructure and processes so that they can gain a view on vulnerabilities and areas of unmanaged risk. By identifying, qualifying and prioritising business risk, these organisations are then in a position to attach a level of exposure against this in order for the business to take a view and decide what it wants to address first.

For example FAST customer, Portsmouth City Council risked being under-licensed in some areas and over-licensed in others before joining the FAST Compliance Programme. This meant that the council risked using software illegally which could have resulted in an uncapped fine and up to 10 years imprisonment, leaving the organisation vulnerable to unlimited fines as well as damaging its well established reputation. Together with FAST Portsmouth City Council put in place a 4-step software management programme to not only ensure it became compliant but that it was future-proofed and could maintain compliance moving forward.

An ever moving target

In FAST’s experience, software audits are not conducted frequently enough - in fact there are many UK businesses that have never carried out a full software audit.  Because many businesses fail to take SAM seriously, they rarely ever manage to get on top of the problem, and those that do fail to put effective processes in place to ensure that compliance becomes business as usual. 

Part of the reason software compliance is swept under the carpet is that it can require a shift or change within the organisation. Businesses rarely know what’s actually in their software estate because they never make it a priority to find out. Every organisation knows exactly how many company cars it owns yet many do not have an accurate picture of how many PCs or software licences it has. 

The job of monitoring software assets is often given to someone of a junior position, who may not be aware of its importance. Or IT is tasked with the responsibility, on the assumption that they have the training and education needed to keep the risk of non-compliance under control. FAST recently ran a survey and found that 42% of respondents said they did not have sufficient manpower to manage their IT assets effectively and 49% of organisations said the responsibility for software compliance rests with one individual. That’s a lot of responsibility!

Compliance is hotting up

FAST runs annual research with its customers and results from the most recent 2007 Survey highlighted increased activity around software compliance. Although, software compliance is not a new issue, the survey demonstrated that the pace of activity was hotting up. Penalties are becoming more serious with potential imprisonment rather than just a slapped wrist. This, along with the Government stepping up activities with Trading Standards to have more foot soldiers policing the industry. Since 6th April 2007, Trading Standards have had a duty to investigate copyright offences and this year the Government announced an additional £5 million of funds to enable Trading Standards to carry out investigations of copyright offences. An increased crime penalty from 2 years to 10 years imprisonment for online copyright offences and unlimited fines is now in force. And there is also the potential of increased damages payable if a company is sued for software misuse.

In the same survey, when asked why they had joined the FAST Compliance Programme, nearly two thirds of the respondents stated that they were concerned that their organisation needed to put in place the correct policies and procedures to control their IT environment. 21% of organisations surveyed wanted to send out a strong message to employees that IT compliance is a serious matter and others highlighted the need to be able to demonstrate an accurate ALP (Actual Licence Position) to any software publisher that requests such information.

The complexity of technology

Software used to be simple, one licence per computer - not any longer. As an organisation’s use of software becomes more diverse, the perceived need to have a greater number of more complex licensing models will only expand.

Additionally, there are so many new ways to deliver software, such as Software as a Service (SaaS), hosted or virtualisation models, it is no wonder this is causing confusion for both vendors and users alike. This is because neither contingent feels it has enough information to venture into a model that breaks with former licensing tradition and potentially introduces many unknown components.

For example, in a virtual environment, the connection has been broken between the footprint on the physical machine and what software is running. Non-virtualised environments have well-known methods and metrics for measuring the usage of software licences. With software so critical to most company’s operations, the burden of proof often rests with the customer, and without accurate software usage metrics, which understand the various virtualisation models, that proof can be elusive.

Enforcing policy

But while technology has its place, companies should never be lulled into a false belief that they can buy a magic tool that will solve all their problems without having to lift a finger - for any SAM programme to be successful, it is vital that organisations marry process with products. Careful planning and implementing best practice policies and procedures are also paramount. Amazingly, the number of illegal downloads from peer-to-peer still out strip legal ones by a ratio of 1 to 3. So once a company has defined its processes, it also needs to ensure that these are enforced throughout the organisation. 

If you want to ensure that the liability for software misuse remains with the employee, the business must define its disciplinary process and be very clear that any individual found to be breaking the rules is reprimanded. Many organisations do not actively enforce their IT policies and then wonder why empty or inconsistent threats fail to encourage behaviour change. Additionally policy and procedure reviews help with regard to keeping up to date with current legislation, regulation, business and technology requirements.

For example FAST customer, Dacorum Borough Council did not have any specific controls in place to govern the use of IT before embarking on the FAST Compliance Programme and as a result software procurement was very ad hoc. Subsequent to FAST presenting to the Council’s Chief Executive and corporate management to raise awareness of the project, the importance of having robust IT policies was bought to the forefront. To address this the Council constructed detailed IT policies and procedures to establish clear guidelines on how IT equipment was to be managed from procurement through its lifecycle to disposal.

Buy-in from the board

And finally, SAM can impact and/or improve so many areas of the business; it’s not just about the software. Our advice to customers is that they should ensure that SAM is a board level issue. If SAM is merely perceived as yet another ‘IT project’ convincing the board that investing time and money up front will lead to significant savings and benefits down the road will be an uphill battle.

Although software compliance should be one of the top priorities on the board agenda, recent surveys indicate that it is only a board-level issue for around one-third of UK organisations. If companies want their SAM programme to succeed, it is imperative that they attain senior management awareness and buy-in. 

It should be noted that often the board is guilty of assuming that IT management has all of the measures in place to control licences. The reality is that more often than not they don’t - because they simply aren’t aware of the potential implications or they don’t have the skills and knowledge to deal with it.

Continuous improvement

The road to software compliance is a journey of continuous improvement, a way of business life. Get it right and it will deliver huge rewards. One lasting thought around - compliance can be likened to visiting the dentist. You can see your dentist once every 5 years and end up in a lot of pain and a hefty bill or you can make a conscious effort to change and put in place a teeth hygiene programme with regular 6-monthly check-ups - the choice is yours! Remember:

  • There are two reasons why organisations should look to manage their software assets, compliance and cash
  • Vendor software audits are set to increase in 2008 and onwards
  • Licensing is becoming increasingly complex, as is technology
  • Penalties are becoming more serious with potential imprisonment rather than just a slapped wrist
  • Government is stepping up activities with Trading Standards to have more foot soldiers policing the industry
  • The first step for any organisation embarking on a SAM programme is to undertake a review of their IT infrastructure and processes so that they can gain a view on vulnerabilities and areas of unmanaged risk
  • Careful planning and implementing best practice policies and procedures are paramount to the success of any SAM programme
  • Organisations need to ensure that they have an ongoing SAM strategy in place to manage compliance on a continual basis.
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