201605.25
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Important Tips for Resolving an SIIA Audit During or Immediately After a BSA Audit

Sometimes a company receives notices of audits from many publishers or trade associations at the same time. Often this is because multiple agencies have received confidential reports from the same informant. If a current or previous employee contacts both the Software & Information Industry Association (“SIIA”) and BSA|The Software Alliance (“BSA”), the company may face…

201603.24
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Identifying and Understanding Microsoft License Verification Audits

Microsoft, like other software publishers, routinely audits customers to help ensure that it is protecting the value of its intellectual property. Microsoft verifies its customers’ compliance using several methods. 1. Microsoft License Verification (also, Software Asset Management “SAM” request) In a SAM request, Microsoft assigns a third party to reach out to a customer to…

201602.29
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How to Avoid Compliance Gaps with Autodesk Downgrade Rights

Autodesk, like many other software publishers, are now offering subscription based licenses instead of perpetual licenses. Customers tend to find the flexibility of subscription-based licensing appealing because those licenses allow for growth and changing work environments. However, the license terms have specific conditions and requirements for installation and use of the software, specifically related to…

201602.23
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Microsoft Company Store Restricts Terms of Use, Leads to Licensing Confusion

Microsoft offers its employees an opportunity to buy discounted software if they agree to restrictive usage terms when purchasing from the Microsoft Company Store. In addition to the online Microsoft Company Store, employees may go to one of a few different physical locations, including one near the Microsoft campus visitor center. The Microsoft Company Store…

201602.23
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Microsoft Certificates of Authenticity May Not Constitute Proof of Licensing

The Business Software Alliance (“BSA”) and Software Industry & Information Association (“SIIA”) work on behalf of their members (the lists of which include Microsoft (for the BSA), Adobe, and Autodesk, among others) to enforce copyrights and the terms of end user license agreements (“EULAs”) pertaining to those members’ software products. The BSA and SIIA typically…

201602.23
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Licensing Old Microsoft Products

Businesses seeking to license older versions of Microsoft products may encounter challenges acquiring valid licenses.  This is a particular concern for some companies that utilize Microsoft products as the basis for their IT infrastructure and that want to avoid a costly migration to new software versions. Microsoft offers a number of options under its Volume…

201602.23
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Microsoft Licensing Considerations

Generally when purchasing new software online, or upgrading existing software, a box pops up on the computer that says “Agree to Terms”.  Most people simply check the appropriate box and click next without reading the fine print.  This can be troublesome when the Business Software Alliance (BSA), which represents major software companies such as Microsoft,…

201602.18
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Not All Software Audits Protected By Privilege

Companies faced with a demand for a software audit from a software publisher or an entity such as the Business Software Alliance or Software & Information Industry Association are increasingly turning to their own internal IT departments or hiring technology consultants to conduct software audits, the results of which may be discoverable in future litigation….

201602.18
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Top Three Tips to Ensure Software Compliance

Companies facing copyright infringement claims from software publishers or their representatives have few options to navigate an audit and resolve the matter out of court. The costly nature of a software audit has prompted companies to take pre-emptive steps to avoid expensive audits by utilizing three key strategies. First, educating the workforce is a fundamental…

201602.18
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Software Audits: Securing a Release of Liability with Settlement

Software auditing entities, such as the Business Software Alliance and Software & Information Industry Association, typically set forth a complex set of requirements for software audits that can be confusing, time-consuming, and expensive. Many businesses faced with software audits are eager to resolve these matters, and choose to pay to settle out of court. Often…