back to article Microsoft: Our licensing terms do not meaningfully raise cloud rivals' costs

Microsoft has responded to the UK's Competition and Markets Authority (CMA) probe into public cloud services and licensing by insisting that its terms "do not meaningfully raise cloud rivals' costs." In its response to the investigation, which landed alongside multiple submissions today the company insisted that Amazon …

  1. MatthewSt Silver badge

    They should probably tell marketing...

    ... That it's not much more expensive - https://azure.microsoft.com/en-gb/pricing/hybrid-benefit/

    "AWS is up to 5 times more expensive" (although granted that link is now a 404)

  2. Vincent van Gopher

    Microsoft and 'allegations of anti-competitive behaviour'? Tell me it isn't so. /s

    1. Zippy´s Sausage Factory

      The day Micros~1 gives up on anti-competitive behaviour is the day they file for Chapter 9 bankruptcy...

      1. Anonymous Coward
        Boffin

        Microsoft Chapter 11 bankruptcy™

        Zippy´s Sausage Factory

        : “The day Micros~1 gives up on anti-competitive behaviour is the day they file for Chapter 9 bankruptcy...

        Don't you mean Chapter 11 bankruptcy and only after MS has patented the procedure.

  3. mark l 2 Silver badge

    Imagine a world where the DOJ had broken up Microsoft for anti competitive practices back in the early 2000s. I wonder if Azure would be so happy about the state of licensing prices if they had to pay the same rates as AWS and Google do, rather than the effectively free licenses they get now since its just money moving around internally between different divisions of Microsoft.

    1. UnknownUnknown

      A well post SCOTUS/Chevron and Federal Agency Overreach … unlikely to be a thing in the USA anytime soon…. esp. with Project 2025 and the Orange Jesus looming.

      1. steviebuk Silver badge

        Hopefully, Orange Jesus won't get in and he'll just be in new episodes of Orange is the New Black.

  4. Detective Emil
    Meh

    What Microsoft's arguments boil down to

    Hey! Look over there!. [YouTube]

    1. UnknownUnknown

      Re: What Microsoft's arguments boil down to

      How do they define meaningful?

  5. Anonymous Coward
    Anonymous Coward

    The reality is…...

    Microsoft can only compete through licensing threats and coercion. It’s the only sales technique they know. It’s how they sold software in the past and it is how they sell cloud services today. I worked in sales there for about 20 years so I should know…,

    Anyone who has priced a migration in Azure vs a migration in a ‘listed provider’ will laugh out loud at Microsoft’s assertion that there is a level playing field. Microsoft just assume that regulators and customers are too dumb to understand the mechanics of how they are twisting licensing rules to force workloads in to Azure. Everyone is focused on the cost of Windows Server, but there are many, many layers of complexity below the cost of Windows Server. Entire Migrations are being blocked from GCP and AWS because, for example, there is literally no way to license Office to support the server side requirements of applications like SAP, JD Edwards etc. And Non Prod….. 50% of customer servers are likely non prod. Regulators should have a long, hard look at how Microsoft are behaving with regards to non prod licensing and MSDN…..

  6. naive

    Tunneling often works better than frontal attacks

    Google and AWS are both heavy Open-Source users. For both of them it would mean peanuts to significantly boost Open-Source software initiatives, encourage software developers to support MS free platforms and promote those with reduced tariffs for MS free cloud VM's.

    Within a few years, MS would start feeling the pain induced by a sustained loss of business. MS may seem invulnerable, but they depend on returning license fees, anyone who is able to successfully attack this revenue stream will harm MS in a significant manner.

    Given the lackluster competition between Windows and Google Chromebooks, it seems US Big-Tech divided the market into sections where they don't compete.

    This whole thing is probably smoke and mirrors to suggest the existence of competition to the public.

    1. Roland6 Silver badge

      Re: Tunneling often works better than frontal attacks

      >” Google and AWS are both heavy Open-Source users.”

      As are Microsoft, remember Azure is largely Azure Linux, not Windows Server…

      Hence as Azure grows MS are correct in saying “Windows Server was declining relative to Linux regarding cloud OS share”.

      A question has to be what platform Microsoft Azure SQL Database actually runs on, ie. Is it actually SQL-Server on Windows Server or is it SQL-Server on top of something like Wine on Azure Linux. In which case the statement “ SQL Server remained second-ranked to Oracle” is probably also correct, just that MS aren’t interested in changing this by selling more SQL-Server, as that is on-prem compute whereas Azure SQL Database can be something totally different.

      1. Steskalj

        Re: Tunneling often works better than frontal attacks

        Azure runs on Windows Server, the problem is that they charge more for less each year it seems. If they want to be competitive they need to bring down their prices. Surprisingly, Windows Server on-prem still holds around a 72% marketshare, and it hasn't changed much in years. It is great for a full fat server, but it just isn't there when it comes to containers, plus the licensing to use it is too complex. They need to simplify it.

    2. Anonymous Coward
      Anonymous Coward

      Re: Tunneling often works better than frontal attacks

      Some Amazon contributions to Open Source:

      Babelfish for PostgreSQL

      Bottlerocket

      Firecracker

      EKS Distro

      AWS Distro for OpenTelemetry

      OpenSearch

      FreeRTOS

      Powertools for AWS

      Smithy

      Another > 1k contributions here - https://aws.github.io/

  7. navarac Silver badge

    Get out clause

    Don't be fooled, CMA(UK). All Big Tech EULAs are just lawyer generated "get-out clauses" to disclaim any responsibility for anything under the sun.

  8. Charlie Clark Silver badge

    Precedents

    UK and European courts have already decided that software licences are property that is owned by the customer and thus tradeable and transferable. So, Microsoft should do a deal before it's forced to concede by a court.

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