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Eric Thomas <[log in to unmask]>
Fri, 20 May 1994 23:54:04 +0200
text/plain (318 lines)
In the past  few weeks, we have  been receiving a number  of requests for
clarifications regarding  the CREN/L-Soft  contract, and,  more recently,
CREN's announcement of  the 50% discount on L-Soft  maintenance. Now some
customers  are referring  to incorrect  licensing information  which they
claim  to have  received  from BITNIC.  While  I  am sure  it  is just  a
misunderstanding,  I   think  the   time  has  come   to  post   all  the
clarifications in  a single message.  I apologize  for the length,  but I
thought it was best  to have all the necessary details  in a single file,
for the sake of simplicitly.
 
Disclaimer: While,  to the best of  our knowledge, all the  facts in this
message are accurate, it  is not possible to sum up  a formal contract or
announcement in  a few lines without  omitting a lot of  information, and
the  process of  turning  30 pages  of legalese  into  a 50-line  English
summary is  necessarily error-prone.  Thus, the  legally binding  text is
that of the contracts and announcements described in this message. L-Soft
international  Inc. ("L-Soft"  in this  document) does  not represent  or
warrant  that  the  condensed  information  in  the  present  message  is
accurate, or that the shortened terms will be honoured by L-Soft or other
parties.
 
*****************************
* The CREN/L-Soft agreement *
*****************************
 
The CREN/L-Soft  agreement provides that  CREN members that  were running
LISTSERV and/or LMail on September 1, 1993 may apply for FREE support and
maintenance through  June 30, 1994.  The support  is free to  you because
CREN paid for it on your behalf. While the contract states that "CREN may
make any  charge upon the  Licensed Member  as CREN solely  elects", CREN
later made public  statements to the effect that this  would NOT apply to
the  Dec 1  -  Jun  30 period.  Thus  there is  nothing  to  pay, and  no
commitment from you  to pay anything in  the future. This is  also a good
way  to get  the  current  versions while  the  purchasing department  is
working on your PO for next year.
 
In addition, the CREN/L-Soft agreement provides that CREN members who did
the above and who also extend  their CREN membership for another year may
apply for support and  maintenance for the period Jul 94 -  Jun 95 with a
discount of  up to 50%, based  on the number  of copies CREN will  end up
ordering.  The  CREN board  recently  decided  to guarantee  the  maximal
discount of 50% to  its members, which means that you  will receive a 50%
discount regardless of the price CREN ends up paying. Note that this does
not mean  CREN is going to  pay half of  your bill. CREN only  needs some
30-40 sites (depending on the  exact product combinations) to receive the
full 50%  discount from L-Soft. CREN  is taking the risk  and incertitude
away from  you by  agreeing to  pay the difference,  should there  be too
little sites renewing  their maintenance through CREN to  receive the 50%
discount from L-Soft.  The maximum cost to CREN, for  the entire network,
is  $9,670.50,  and indeed  L-Soft  had  suggested  that CREN  make  this
guarantee from day one, in order to facilitate purchasing.
 
This volume discount  is financed through reduced costs to  L-Soft - less
bills to handle, of course, but above all reduced support costs. When you
purchase maintenance through CREN, you receive support from the CREN help
desk  at  BITNIC  ([log in to unmask]),  rather  than  from  L-Soft's
support team ([log in to unmask]). When the CREN  help desk finds a bug in
the code, it submits a problem report to L-Soft and we prepare a fix, and
of  course  you  get  the  same  code  regardless  of  who  you  purchase
maintenance from.  When you just  have a  question or need  assistance in
solving a configuration  problem, however, it is the CREN  help desk that
is responsible for answering your query.
 
For the sake  of completeness, I will note that  the CREN/L-Soft contract
also includes  a number of price  guarantees for the purchase  of various
L-Soft  products. These  prices  are  higher than  what  we charge  other
academic (non-CREN)  customers, so  we usually do  not even  mention this
section of the CREN/L-Soft agreement.
 
******************
* CREN vs L-Soft *
******************
 
A  few  days after  the  signature  of  the CREN/L-Soft  agreement,  CREN
announced  that it  had purchased  the rights  to the  unix list  manager
package  known as  ListProc,  and  planned to  further  develop it.  Each
non-profit CREN member will receive one free license, for use on a single
computer of  any size.  Additional copies  will be at  a charge,  and the
software  will  also   be  sold  to  for-profit  CREN   members,  and  to
organizations which are not CREN members.
 
What this means concretely is that  CREN and L-Soft are competitors since
the date this announcement was posted (March 18, 1994) - and even more so
since the  announcement of  the unix  version of LISTSERV  on May  4. The
provisions  of the  CREN/L-Soft  contract  are a  legacy,  much like  the
contract between IBM and Microsoft  regarding access to Windows code. The
reason I am pointing this out so explicitly is that it makes it easier to
understand the various offers and tell incorrect information from genuine
offers. There is no partnership between CREN and L-Soft. If someone tells
you there is  an L-Soft package (other than the  maintenance agreement in
the CREN/L-Soft  contract) which is  only available to CREN  members that
opt to  retain their CREN  membership, that person is  misinformed. There
are indeed a number of packages available only to CREN members, but their
purpose is to  provide a cost-effective alternative to  the services CREN
is  offering.  There  is  nothing  hidden here,  just  the  same  healthy
competition  that helps  keeping  the  prices down  in  the  rest of  the
computer industry. The customer compares costs and value, and chooses the
vendor that best meets his price and functionality requirements.
 
*******************
* LISTSERV-TCP/IP *
*******************
 
LISTSERV-TCP/IP is one of the solutions we offer sites that wish to leave
BITNET, but  retain the  LISTSERV benefits they  have enjoyed  while they
were on BITNET. LISTSERV-TCP/IP is  a superset of "LISTSERV Classic" that
does not require  NJE connectivity, but is  otherwise totally compatible.
If you have plans to keep VM  for the next couple years, this is probably
the best migration alternative.
 
LISTSERV-TCP/IP was not included in  the CREN/L-Soft contract and is thus
only available  from L-Soft.  Since there  have been  discussions between
CREN  and L-Soft  about adding  LISTSERV-TCP/IP maintenance  to the  CREN
contract in the  few days between the signature of  that contract and the
ListProc announcement,  you may have heard  another explanation, possibly
even from  an L-Soft  employee. Once  CREN became  our competitor,  we of
course decided to  end the embryonic partnership we had  started, and did
not pursue that issue any further.
 
********************
* LISTSERV for VMS *
********************
 
In addition to its obvious usefulness to VMS-only shops, LISTSERV for VMS
is an  interesting migration  alternative for sites  that must  part with
their mainframe systems, but have local  VMS expertise and wish to retain
NJE. LISTSERV for  VMS comes with full support for  NJE (although you can
run it in TCP/IP  mode if you prefer). We have made  good progress on the
beta-testing and  are down to  programming around a couple  UCX oddities,
testing the software  with PMDF, and packaging it  properly. LISTSERV for
VMS is only available from L-Soft.
 
*********************
* LISTSERV for unix *
*********************
 
Another alternative for sites that must phase out their mainframe systems
is LISTSERV for unix.  Here too we have made good  progress, and are down
to  theological debates  on  the  best way  to  interface  the system  to
sendmail,  what  kind  of  site-customizable  interfaces  to  provide  to
accomodate  sendmail  variants,  and similar  time-consuming  but  fairly
predictable problems. We are also testing the code on all sorts of unixes
to find  out how difficult  it would  be to support  them, and so  far we
haven't had to  change any code (only compilation  scripts, makefiles and
the like). We  remain firmly convinced that, from the  technical point of
view, we can  support just about any 32-bit unix  with a socket interface
and either gcc or a robust ANSI compiler.
 
There is a special package for  CREN sites offering an indefinite license
plus one  year of  support for  75% of your  FY'93 CREN  membership. This
offer does NOT require  you to extend your CREN membership,  it is just a
run of the mill  price war. CREN is offering one free  copy of their unix
list manager to people who renew  their CREN membership, presumably as an
incentive for members that have decided  to leave NJE and phase out their
VM systems  to retain their  CREN membership nonetheless. We  believe our
unix product  offers a lot  more functionality and  investment protection
than ListProc, and we  are making it available at a  fraction of the CREN
membership fee in order to show that  L-Soft gives you more for less. The
75% offer is only available for  the unix version, because CREN's product
is  only available  for unix.  The VM  and VMS  market present  different
challenges,  which we  will address  with other  promotional offers  that
better meet  the needs of VM/VMS  customers. For instance, we  will offer
migration plans from  VM to either VMS or unix,  and clusterwide gradated
(pay-per-capacity) licenses for VMS.
 
*********************************************************************
* Why does L-Soft push the CREN/L-Soft contract's free maintenance? *
*********************************************************************
 
The  reason L-Soft  encouraged its  customers  to take  advantage of  the
CREN/L-Soft  contract's  free  maintenance,  in  spite  of  the  ListProc
announcement, is that it makes it  possible for you to receive the latest
version of the  software while your purchase  department and/or budgeting
officers are working  on a stable solution for next  year. We want people
to run the latest  version so that they can take  advantage of the latest
improvements and  see for themselves  that maintenance dollars  are being
put to  good use, and hopefully  sign up for another  year of maintenance
from L-Soft.
 
For the  sake of completeness,  it should be  noted that L-Soft  will owe
CREN a  credit on  July 8th  by the amount  of "unused"  free maintenance
points. "Earning" the license points is only a secondary concern, because
with  the legal  complications  caused  by the  "charge  any amount"  and
"master  agreement takes  precedence"  clauses,  plus the  administrative
problems caused by the lack of a firm price for CREN-procured maintenance
for next year (before the recent board announcement), we expect that most
of the paperwork will  fail to meet the July 1st  deadline. To date, only
16 out  of 160-odd nodes have  returned the paperwork, and  several sites
decided to place an order directly with L-Soft rather than go through the
aggravation of  fighting their  legal department. Thus  we expect  to owe
CREN  a  bigger  credit  than  they  can  actually  use  on  next  year's
maintenance, which the CREN/L-Soft contract only permits if you signed up
before the  deadline. The  remainder of  the credit can  only be  used on
non-transferable licenses, maintenance or  other services in CREN's name,
which are not very useful to CREN and thus not a concern to us.
 
************************************
* Why get maintenance from L-Soft? *
************************************
 
L-Soft  recommends  that  you  procure maintenance  for  L-Soft  products
directly from L-Soft, not because we make more money on a direct purchase
but because CREN is our competitor, and they are directly involved in the
provision  of the  service you  are purchasing  (CREN staff  answers your
questions). Getting LISTSERV  support from CREN would  be like purchasing
VMS support  from Sun or  IBM. Without  questioning the integrity  of the
individuals providing such support, the plain business reality is that it
would not  be in the service  provider's corporate interest to  do a good
job, as they would sell more copies  of their products if they are better
supported than the competition's. In  the corporate world, this would not
be  a serious  concern  as  the customers  would  quickly  revert to  the
original  vendor. In  the academic  world, however,  budgets are  made in
Spring  for the  entire year,  and it  can prove  very difficult,  if not
utterly impossible, to get any money afterwards.
 
In order to show  that our concern is genuine, we will  give you the same
50% discount you would  get through CREN if you agree  not to extend your
CREN membership  past July 1st. We  will actually make less  money, since
your questions will  be answered by L-Soft staff rather  than CREN staff,
but we  will not have  to worry about  being dependent on  a competitor's
goodwill for our corporate image. This offer applies to any CPU listed in
Schedule A of the CREN/L-Soft  contract, for the corresponding products -
even if  you do not  manage to return the  paperwork by the  deadline. It
is not cumulative with other discounts unless that is explicitly stated.
 
***************************************
* Long term prospects (business case) *
***************************************
 
The CREN/L-Soft agreement is a one-time complication, because it does not
extend past June 30, 1995 (the original contract does not even include an
option for renewal). Thus there is no  question that, if you wish to keep
using L-Soft products,  you will eventually need to  procure licenses and
services directly  from L-Soft.  Now is the  best time to  do so,  as the
existence of  this contract  forces us  to make  a number  of promotional
offers to  protect our corporate integrity.  In one year, we  expect that
our VMS, unix and (future) NT  versions of LISTSERV will have reached the
same level of functionality as the  VM version, with, of course, full and
uncompromising compatibility. We  will be in a position of  force with no
business reason to  make special offers for CREN FY'95  members. NJE will
probably  be in  its last  throes, and  people will  desperately need  to
purchase LISTSERV-TCP/IP, or then one of the non-VM versions, because the
users will demand that the service  be continued while the upstream nodes
will be reminding people that they are leaving in two months. This is not
the kind of market that is conducive to special promotional offers; it is
the kind of situation where you just  tell people what the list price is,
and wait for the users to form  a mob outside their office if they object
that it was cheaper last year.
 
L-Soft offers you a smooth migration path from NJE to TCP/IP, and from VM
to either VMS, unix, or, in  the future, Windows NT. Because our products
have  a  very  high  degree  of  compatibility  and  interoperate  across
heterogeneous environments, you can migrate your workload from one system
to the  other at the  pace that is most  appropriate for your  users. For
instance, you may  have a number of high-volume  administrative lists for
which database  access is not  required, and whose  users do not  use the
file server  functions other  than for  retrieving list  archives. Moving
these lists from  VM to VMS or unix  is as easy as running FTP  to move a
few files around.  There is nothing to change, the  messages are strictly
identical, and,  in fact, most users  are unlikely to notice  the move if
you set up the necessary mail aliases. Later, when the database functions
are ported to the non-VM versions,  you can use the same simple procedure
to migrate  the remaining lists  and phase out  the VM service.  No other
vendors offers  you this degree  of control  over your migration;  in the
best case, there will  be a document with migration advice  and a FAQ for
the victims, in the worst case nothing at all.
 
L-Soft is the only vendor to offer a list manager implemented on multiple
operating systems.  This, combined with  the fact that LISTSERV  has been
around since  1986 and  has the  largest user base  of any  list manager,
makes  it the  most  likely candidate  for  standardization. L-Soft  sees
standardization as an inevitable step  in the evolution of LISTSERV, just
as the  migration to  a portable  code base  with unix,  VMS and  (in the
future) Windows  NT products  was inevitable.  Our competitors  failed to
impose  their syntax,  interface  and protocols  as  even draft  Internet
standards  when LISTSERV  was at  its  weakest, being  available only  on
highly expensive and  unfashionable IBM mainframes. Now  that LISTSERV is
portable while competing  products only run on a  single environment, the
likelihood  of  seeing  a  competitor's product  turn  into  an  Internet
standard is virtually  zero. Even if that happens, the  sheer size of the
LISTSERV user community is your guarantee of a smooth migration path.
 
When evaluating the  various list managers, a useful approach  is to step
back from all the announcements and  feature lists and offers, and take a
few moments to consider the reasons why you are purchasing a list manager
in the first place. In most cases,  there is an element of time, money or
manpower in the answer: the list manager saves a few minutes a day, every
day, for the  thousands of (non-technical) people that  it helps bringing
together.  In addition,  the list  manager saves  a lot  of time  for the
technical  staff  that  would  otherwise have  to  perform  unmotivating,
error-prone clerical tasks. But a  user-hostile list manager can actually
cost you money! As the users have to spend 15 minutes calling a help desk
every time they have a problem, you  would quickly lose a lot of manpower
and thus  money, even though  you might have  saved some by  installing a
free list manager  available via anonymous FTP.  Most non-technical users
do not know how to use their computer effectively, and are not willing to
learn complicated computer concepts in order to use a product. Instead of
learning things that intimidate them, they will waste precious time using
simpler techniques  that they have  already mastered; for  instance, your
average user will  retype 30 addresses by hand, with  two fingers, rather
than learn  about regular expressions, for  fear of making a  mistake and
"destroying everything". A good test of the suitability of a mailing list
manager is  the degree of  technical knowledge  that it requires  of list
owners. If list owners are assumed to be familiar with perl, awk, regular
expressions  and  other  unix  concepts,   you  can  be  sure  that  most
computer-shy owners will be frightened and  give up, or run their list on
a more  user-friendly list  manager at another  university. This  in turn
would increase  your support costs  dramatically, as your users  would be
exposed  to  incompatible systems  in  their  everyday work.  The  single
largest cost in the operation of a typical list manager is the investment
in user training and the  resulting helpdesk and end-user manpower costs.
The cost  of an  indefinite LISTSERV  license being on  the order  of one
month of  salary + overhead  for a single employee,  it is just  not cost
effective to  run a user-hostile  package just  because it was  free, or,
even worse, to switch a happy  LISTSERV user population to a user-hostile
package and incur  manpower losses at least an order  of magnitude higher
than the cost of the license.

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