I am responding to a posting last week from Mark Conley, a Network Appliance salesman from Northern California, regarding used NetApp systems.
Mark wrote "FYI on the used equipment, none of the software licenses on Netapp equipment are transferable. Which means you are paying for hardware only!"
Mark Conley does not make policy for Network Appliance. In fact, Union Computer has been involved in the sale or brokering of numerous NetApp systems and parts, and, in every case, Network Appliance has been a pleasure to work with; they have accepted the equipment for maintenance service and have, where applicable, allowed software licenses to transfer without charge.
The market for used NetApp gear is growing, and Network Appliance should enunciate its policy with respect to the re-sale of its used systems; in particular, their boilerplate software license agreement clearly gives Network Appliance the discretion to allow or forbid the seller's transfer of software licenses to buyers of used equipment.
Without doubt, it is in the clear interest of Network Appliance's customers that they be able to re-sell their systems without harassment. We are currently working with several NetApp users in the midst of severe business downturns, forcing them to put their systems on the market. If Network Appliance were to interfere with the transfer of their systems' NFS and CIFS licenses, the value of their F760 heads would be reduced to that of spare parts kits.
Unless and until Network Appliance clarifies its policy on the re-sale of its systems, NetApp's end-user and/or leasing company customers -- before they buy their next box -- should request a modification of their software license agreements so as to limit Network Appliance's discretion to forbid software license transfer, thus helping to safeguard the value of their investments in their NetApp systems.
Scott Fischmann Union Computer Exchange, Inc. 6233 Idylwood Lane Minneapolis, MN 55436 Phone: 952 935 7282 www.unioncomputer.com
ScottUCE@aol.com (ScottUCE@aol.com) said, on [010118 09:11]:
downturns, forcing them to put their systems on the market. If Network Appliance were to interfere with the transfer of their systems' NFS and CIFS licenses, the value of their F760 heads would be reduced to that of spare parts kits.
And your profits would be affected in like measure.
Unless and until Network Appliance clarifies its policy on the re-sale of its systems, NetApp's end-user and/or leasing company customers -- before they buy their next box -- should request a modification of their software license agreements so as to limit Network Appliance's discretion to forbid software license transfer, thus helping to safeguard the value of their investments in their NetApp systems.
Have a little honesty, here, Scott. This isn't about the value of my investment in my filers, it's about your ability to profit as a broker of used equipment. You're asking us, the netapp user community, to pressure netapp to guarantee your business model. That's not my job, man.
And anyone- *anyone*- who spends the kind of mone one spends to get a filer without having vetted the sales & licence agreements has fools for both lawyers and purchasing managers.
-Pete
hmmmmm. Good idea, lets start a movement. Why start with Netapp. How about starting with Microsoft and having all users hire a lawyer to negotiate the Microsoft software license agreement insisting that it be explicitly transferable. I've got it, lets all work on a law to insist that all software license are transferable, including mainframes, midrange computing systems, all UNIX systems. Free software from the restrictive vendors. Free at last, free at last. And lets start a movement that will save the lawyers. Keep 'em off the street, busy negotiating software licenses, one at a time.
Ferd Berfl
-----Original Message----- From: owner-dl-toasters@netapp.com [mailto:owner-dl-toasters@netapp.com]On Behalf Of ScottUCE@aol.com Sent: Thursday, January 18, 2001 9:01 AM To: toasters@mathworks.com Subject: RE: Mark Conley's comments on used NetApp systems
I am responding to a posting last week from Mark Conley, a Network Appliance salesman from Northern California, regarding used NetApp systems.
Mark wrote "FYI on the used equipment, none of the software licenses on Netapp equipment are transferable. Which means you are paying for hardware only!"
Mark Conley does not make policy for Network Appliance. In fact, Union Computer has been involved in the sale or brokering of numerous NetApp systems and parts, and, in every case, Network Appliance has been a pleasure to work with; they have accepted the equipment for maintenance service and have, where applicable, allowed software licenses to transfer without charge.
The market for used NetApp gear is growing, and Network Appliance should enunciate its policy with respect to the re-sale of its used systems; in particular, their boilerplate software license agreement clearly gives Network Appliance the discretion to allow or forbid the seller's transfer of software licenses to buyers of used equipment.
Without doubt, it is in the clear interest of Network Appliance's customers that they be able to re-sell their systems without harassment. We are currently working with several NetApp users in the midst of severe business downturns, forcing them to put their systems on the market. If Network Appliance were to interfere with the transfer of their systems' NFS and CIFS licenses, the value of their F760 heads would be reduced to that of spare parts kits.
Unless and until Network Appliance clarifies its policy on the re-sale of its systems, NetApp's end-user and/or leasing company customers -- before they buy their next box -- should request a modification of their software license agreements so as to limit Network Appliance's discretion to forbid software license transfer, thus helping to safeguard the value of their investments in their NetApp systems.
Scott Fischmann Union Computer Exchange, Inc. 6233 Idylwood Lane Minneapolis, MN 55436 Phone: 952 935 7282 www.unioncomputer.com
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Ferd Berfl -
Pete Ehlke -
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