201602.11
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Treat Audit Demands Like A Litigation Hold Letter

Software publishers are regularly auditing customers to ensure compliance with license agreements, and may initiate audits directly, or through entities such as BSA|The Software Alliance, and the Software & Information Industry Association (“SIIA”). These entities send a letter that asks the customer to conduct a full audit of its network or potentially face copyright infringement…

201602.11
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Understanding the Scope of a Software Audit

Software publishers regularly audit their customers to help ensure that the customers are properly licensing their software. Some software publishers conduct audits directly, but many choose to audit through companies such as the BSA| The Software Alliance (“BSA”), or the Software & Information Industry Association (“SIIA”).  The first step in addressing the software audit is…

201602.11
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The True Cost of Defending Against Copyright Infringement Litigation

Software publishers and entities like the BSA| The Software Alliance and the SIIA regularly audit companies to investigate copyright infringement claims. These entities seek monetary penalties if any infringement is discovered, and in the majority of cases, reach an out of court settlement for an agreed upon sum. Sometimes, settlement negotiations break down and one…

201602.11
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Identifying Legitimate Software from Authorized Vendors to Avoid Copyright Infringement Claims

The International Data Corporation (“IDC”) reports that more than one-third of all software sold is counterfeit, despite often being marketed as authentic or legitimate by a third-party reseller. In addition to counterfeit software, some vendors sell heavily discounted software that is legitimate, but is sold in violation of its license agreement. The Copyright Act shifts…

201511.06
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Proving Ownership of Underlying Licenses for Adobe Upgrades in Software Audits

Software publisher Adobe Systems Inc. actively investigates its existing customers to determine whether each customer has properly licensed Adobe software, or is committing copyright infringement. Adobe often pursues its customers directly, but sometimes grants a power of attorney for BSA| The Software Alliance to pursue copyright infringement claims on its behalf. In each instance, Adobe…