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Software companies and their contractual rights

Request for Information – FOI14488

Request

Thank you for your email of 28 August 2014 which we acknowledge, requesting information from Ordnance Survey in accordance with the Freedom of Information Act (FOIA) 2000.

The request is as follows:

I am carrying out some research and accordingly request the following under the Freedom of Information Act:

1. Since 1 January 2013, has any software company exercised their contractual rights to, or otherwise requested, an audit of the use of their software in your organisation?

2. Was the request made in 2013 or 2014?

3. Did they use an external consultant or license management company to carry out such audit?

4. Did the audit result in a demand in respect of:-
a) Under – licensing; and/or
b) Arrears of support and maintenance?

5. Did your organisation negotiate with the software vendor to reduce the figure?

6. If so, what percentage reduction was obtained from the vendor’s first demand:
a) None
b) 1-10%
c) 11-25%
d) 26-50%
e) More than 50%?

7. If any payment was made to regularise the situation, was the amount:
a) Zero
b) Less than £50,000
c) £50,000 to £100,000
d) £100,00 to £250,000
e) £250,000 to £500,000
f) £500,000 to £1m
g) £1m to £2m
h) £2m to £5m
i) Above £5m?

8. Was the software vendor involved:
a) Oracle
b) SAP
c) SAS
d) PeopleSoft
e) IBM
f) Microsoft
g) Sybase
h) Adobe
i) Other? (please specify)

9. In dealing with the software vendor, did your organisation rely on:
a) In-house counsel
b) External solicitors
c) A firm of accountants;
d) License management specialists
e) Other consultants
f) None of the above.

10. What is:
a) The name of your CTO/CIO; and
b) The email address of your CTO/CIO?

Our response

I can confirm that Ordnance Survey does hold this information and the answers are as follows:-

1. Since 1 January 2013, has any software company exercised their contractual rights to, or otherwise requested, an audit of the use of their software in your organisation?
Yes, two companies.

2. Was the request made in 2013 or 2014?
The requests were both made in 2013.

3. Did they use an external consultant or license management company to carry out such audit?
One company did use an external company, the other did not. The company used was Deloitte.

4. Did the audit result in a demand in respect of:
a) Under-licensing; and/or
b) Arrears of support and maintenance?

No the audit did not result in a demand.

5. Did your organisation negotiate with the software vendor to reduce the figure?
This is not applicable because we had a contracted amount of expenditure in which we received the correct amount of software.

6. If so, what percentage reduction was obtained from the vendor's first demand?
This is not applicable as stated in answer five.

7. If any payment was made to regularise the situation, what was the amount?
This is not applicable as stated in answer five.

8. What was the software vendor involved?
The software vendors involved was xxxx (xxxx software) and xxxx.

9. In dealing with the software vendor, did your organisation rely on:
a) In-house counsel
b) External solicitors
c) A firm of accountants;
d) License management specialists
e) Other consultants
f) None of the above.

Our organisation relied on our in-house counsel.

10. What is the name of your CTO/CIO; and/or the email address of your CTO/CIO?
This is not applicable; we do not have a CTO/CIO.

Internal review

Your enquiry has been processed according to the Freedom of Information Act (FOIA) 2000. If you are unhappy with our response, you may request an internal review with our Internal review Officer, by contacting them using the following details:

FOI Internal Review Officer
Customer Service Centre
Ordnance Survey
Adanac Drive
Southampton
SO16 0AS

Email: foi@os.uk

Please include the reference number above in any correspondence. You may request an internal review where you believe Ordnance Survey has:

  • Failed to respond to your request within the stipulated time limit (normally 20 working days)
  • Failed to inform you whether or not we hold the information requested
  • Failed to provide the information requested
  • Failed to explain the reasons for refusing a request
  • Failed to correctly apply an exemption or exception

The FOI internal Review Officer will not have been involved in the original decision. They will conduct an independent internal review and will normally inform you of the outcome of the review within 20 working days. In exceptional circumstances, this may be extended to 40 working days, in line with the guidance from the Information Commissioner.

The FOI Internal Review Officer will either: uphold the original decision, provide an additional explanation of the exemption/s applied or will release further information, if it is considered appropriate to do so.

Appeal to the Information Commissioner’s Office (ICO)
If, following the outcome of the internal review, you remain unhappy with Ordnance Survey’s response, you may raise an appeal with the Information Commissioner’s Office at:

The Case Reception unit
Customer Service Team
The Information Commissioner’s Office
Wycliffe House
Water lane
Wilmslow
Cheshire
SK9 5AF

Email: mail@ico.gsi.gov.uk

Telephone helpline: 0303 123 1113 or 01625 545745 for advice, Monday to Friday.

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