"Court documents seen by The Register assert that in January 2021 Tesco acquired perpetual licenses for VMware's vSphere Foundation and Cloud Foundation products, plus subscriptions to Virtzilla's Tanzu products, and agreed a contract for support services and software upgrades that run until 2026. Tesco claims VMware also agreed to give it an option to extend support services for an additional four years."
"Broadcom does sell support to those who sign for its new software subscriptions. The supermarket giant says that means it must pay "excessive and inflated prices for virtualisation software for which Tesco has already paid," and "is unable any longer to purchase stand-alone Virtualisation Support Services for its Perpetually Licensed Software without also having to purchase duplicative subscription-based licenses for those same Software products which it already owns.""
"The complaint also alleges that Tesco's contracts with VMware include eligibility for software upgrades, but that Broadcom won't let the retailer update its perpetual licenses to cover the new Cloud Foundation 9. The filing names Computacenter as a co-defendant as it was the reseller that Tesco relied on for software licenses, and the retailer feels it's breached contracts to supply software at a fixed price."
Tesco purchased perpetual VMware vSphere Foundation and Cloud Foundation licenses and Tanzu subscriptions in January 2021 with support and upgrade contracts running through 2026 plus an option to extend support for four years. Broadcom acquired VMware and stopped selling stand-alone support for perpetually licensed software, offering support only with new subscription purchases. Tesco asserts that this forces it to pay excessive prices and prevents upgrades to Cloud Foundation 9. Broadcom's patch publication policy limits security fixes for non-subscribers, and Tesco named Computacenter as a co-defendant for alleged reseller breaches of fixed-price supply obligations. Tesco warns operational impacts, including potential problems stocking shelves.
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