I don't have own a horse in this race, (but I do bet on a few). :-)
 
I would suspect that the info provided by MB Smith is likely what M$ says.
 
I would also suspect that our "optomistic" view of what we have heard about we can use it for "internal" use is what we heard and not what they mean. 
 
It may even be a case of splitting hairs.  For instance I could argue we can use SQL to control our RASes and E-Mail servers "internally" because no one can see that SQL data... but we can't let people see their accounting info in Rodopi or perhaps the Quarantined Mail in Modus because that is Extenal viewing of data.
 
Which causes me great consternation because it is my data not theirs.  They generated nothing, yet they claim control over it.
 
Now I would understand that I can't sell ODBC SQL data services to third parties using the Action Pac Platform as the serving device.
 
All in all, I would suggest that people either look at the cost of having proper licenses where they might need them, or look at migrating to lower cost options if $300 Action Pac is the right price, but it legal usability isn't crystal clear.
 
If $x,000 is within your budget fine.  If $300 is all you want to pay, you are probably in jeapordy somewhere as a practical matter.  Maybe it is you public website or Rodopi or Webmail site that is clearly in violation.
 
One other point is that as I understand it, ActionPacks are not as cheap as you might think.  They need to be renewed, where as a "bought license" is good for ever.  The renewal may be a decent expense over a period of time, itself.
 
Cary Fitch

Attend Peering Conference for ISP's, &
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----- Original Message -----
Sent: Monday, February 16, 2004 1:17 PM
Subject: [Modus] Off Topic

Because the licensing questions raised over the last few days could have a significant monetary impact on my company and the interpretations varied so widely, I continued to investigate through my Microsoft resources and with them, through the standard licensing resources available on the Microsoft website and toll-free numbers. I just got off a conference call on licensing with a ridiculous number of people. As part of that call, we called the toll-free Microsoft Licensing Helpline to verify the answers that everyone from Microsoft was giving was the same, and they were.
 
You can choose to believe what I share with you or not. In the US, you can call a Microsoft Licensing Specialist at 800-426-9400 and verify the information for yourself (or not as you so choose). There are different numbers for different countries: http://www.microsoft.com/licensing/index/worldwide.asp. The Canada licenses appear to be the same as the US. The United Kingdom licenses have some minor differences in wording, but no apparent difference in intent.
 
1) The document "Product Use Rights" combined with the EULA defines the licensed usage for Microsoft products. It's very boring reading, but extremely informative as to questions of this type. The US version of the PUR is available at http://download.microsoft.com/download/a/5/f/a5fc3270-2fe6-4536-b228-6b333ab8569d/pur.pdf
 
2) Specifically in regards to the Action Pack, for most servers and services provided with the Action Pack, you are provided a server license plus 10 CALs for Internal Use only. Internal Use means (and you can find it defined in the PUR in legal detail) your company. Any external access, or access through an external agent (such as a program that runs on a web server and allows access to anyone who isn't an employee of your company) is a violation of internal use. A "client to whom you provide hosted services" is specifically mentioned as an external user. A specific exemption is granted for intranets on the internet.
 
3) I quote, in regards to SQL CAL requirements specifically: "You must acquire either a separate SQL server 2000 CAL or BackOffice 2000 Server CAL for each device or user that: Accesses or otherwise utiliizes the services of the Server software." This includes agents, such as a program which multiplexes multiple connections into a single actual connection. A separate paragraph for SQL per-processor licensing states: "You need one processor license for each of your server's processors." Multiplexing/connection pooling has its own special page in the PUR. Multiplexing and connection pooling are done by OBDC and IIS, as well as by the Modus Webmail server.
 
Therefore, if Modus is configured using ODBC access to a MS-SQL server you must either have a CAL for each and every single user in Modus or you must have a per-processor license for SQL to be "legally" licensed. An Action Pack license in no way provides a license to provide any hosted services.
 

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