201711.14
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How to Defend a Software Audit CLE*

Shrinking IT budgets and fierce competition among software publishers have created explosive growth in the incidence and frequency of software audits – a mechanism by which software publishers investigate their customers to determine if they are in compliance with software licenses and copyright laws. In addition to developing internal enforcement operations, many publishers have engaged…

201711.09
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How to Protect Your Company in a Microsoft SPLA Self-Certification

If your company licenses products to third parties under the Microsoft Service Provider License Agreement (SPLA), you may receive a request to perform a self assessment and provide a certification of compliance to Microsoft.  The SPLA self-assessment audit is a new audit flavor that is unlike the independent audits Microsoft has historically used to audit…

201710.30
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License Ambiguities in Software Audits

Without a contractual provision to the contrary, ambiguous terms in a software license will be construed against the software publisher. Provided that there are no other business factors that would make litigation unwise, an ambiguous license agreement is the situation most likely to lead to litigation. Construction against the Drafter When dealing with ambiguities, it…

201710.30
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Consult with Counsel for SPLA Audits

Microsoft’s Services Provider License Agreement (“SPLA”) is a popular licensing framework for businesses delivering hosted or rented software solutions to their customers. However, as with many software license agreements pertaining to resale or other business channel partnership programs, the SPLA typically includes audit rights language giving Microsoft the ability to review a SPLA partner’s records…

201710.04
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Robert J. Scott to Present “Insurance Requirement Provisions in Technology Contracts”

Robert J. Scott, Managing Partner of technology law firm Scott & Scott, LLP will address the missing ingredient in most technology contracts on October 5 in a Strafford CLE Webinar entitled “Insurance Requirement Provisions in Technology Contracts: Mitigating Risk, Maximizing Coverage.” Date/Time: October 5, 2017, 1:00pm-2:30pm EDT, 10:00am-11:30am PDT

201709.28
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Software Information Industry Association (SIIA) Settlement Agreement Provision Regarding Purchase of Software

Settlement Agreements with the SIIA, a trade association for the software and digital content industry, often contain provisions requiring the audited company to not only purchase software to satisfy licensing deficiencies it carries going forward after settlement, but also to purchase software from an “authorized reseller.” An authorized reseller is a vendor with permission to…

201709.27
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Microsoft and city of Louisville in talks over software piracy dispute

Phillip Bailey, courier-journal, 9/25/2017 Microsoft is examining Louisville Metro Government use of its software in a piracy dispute that could lead to a hefty bill for the city. Interim Information Technology Director Grace Simrall, a top aide in Mayor Greg Fischer’s administration, said the city and the technology giant are in talks over whether employees used more software than was…

201708.30
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11 Secrets to Defending BSA | The Software Alliance Audits

Don’t be in the dark on how to prepare and respond to software audits. An increasing number of companies face software audits initiated by software publishers and their trade associations, such as BSA | The Software Alliance and the Software & Information Industry Association. Most companies are totally unprepared; many underestimate their exposure and are…

201708.29
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Hot Topics in Microsoft Enterprise License & Cloud Agreements

Join Robert J. Scott, who represents some of the world’s largest companies in enterprise transactions with Microsoft, to learn how the legal issues in enterprise agreements have shifted dramatically as Microsoft and other major vendors emphasize their cloud offerings. The key issues in modern enterprise agreements are driven by privacy, security and regulatory compliance. This…