As businesses embrace virtualization and cloud computing, a new compliance blind spot has emerged. Many assume that running software in a virtual machine (VM) or cloud instance doesn’t require additional licences. This is false—and dangerous. Under Spanish Intellectual Property Law, every instance of software—whether physical, virtual, or cloud-based—must be properly licensed. Ignoring this exposes you to significant legal and financial risk.
Why Virtual Environments Multiply Licence Requirements
Virtualization creates copies of operating systems and applications—each requiring its own licence. Common violations include:
- Cloning a VM with a single-user Windows licence across multiple instances
- Running unlicensed server software in AWS or Azure environments
- Using desktop OS licences in virtual desktop infrastructure (VDI) without proper CALs
- Assuming SaaS subscriptions cover all users when they don’t
These oversights are easy to make—but costly to fix.
How Auditors Detect Virtual Non-Compliance
Software vendors use sophisticated tools to detect unlicensed virtual usage:
- Network scanning: Identifies VMs and cloud instances running their software
- IP address tracking: Matches public cloud IPs to licence records
- Agent-based discovery: Vendor tools scan internal networks for hidden VMs
- Cloud provider reports: Some vendors partner with AWS/Azure to flag unlicensed usage
Once detected, each unlicensed instance counts as a separate violation—multiplying your fines.
The Legal Stakes in Spain
Under Spain’s Intellectual Property Law:
- Each unlicensed virtual instance can trigger a separate fine
- Fines scale with the number of violations—10 VMs = 10x the penalty
- Directors can be held personally liable for willful ignorance
- Emergency licence purchases during an audit come at premium prices
There is no “virtual exception” in the law.
How Refortek Secures Your Virtual Estate
Refortek’s professional IT licensing services include specialized support for virtual and cloud environments:
- VM-aware discovery: Detect all virtual machines and cloud workloads across your infrastructure
- Licence mapping: Determine the correct licence type for virtual use (e.g., VDA, SPLA, or cloud-specific terms)
- Compliance optimization: Right-size your licence count to avoid overpayment while ensuring coverage
- Audit preparation: Document all virtual deployments for instant compliance proof
This ensures your digital transformation doesn’t become a legal liability.
Final Thoughts
Virtualization and cloud computing offer immense benefits—but not licence exemptions. In Spain, every instance counts. Protect your innovation with full compliance.
