Five Shades Darker? – What The Diageo “Indirect Access” Judgement Really Means For SAP Customers

Duncan Jones

At last, exactly two years later, the long-awaited sequel to my hit, if overly censored, blog post: Five Shades Of Grey (How software buyers and license managers should be compliant without being submissive). The trigger is the SAP vs Diageo verdict, which generated a lot of hysterical blogging and tweeting with dire predictions for SAP customers. IMO most commentators have overlooked the crucial parts of the judgment and therefore significantly overstated the case’s negative implications for SAP customers. I believe the judgement has actually made this grey area slightly more black-and-white. My analysis, subject to the usual IANAL disclaimer, is that the real implications are:

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