201712.28
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What is a Microsoft SPLA Verified Self-Audit?

If you provide commercial hosting services using Microsoft’s Service Provider License Agreement (SPLA), you may become a target of an ever-increasing variety of license audits from Microsoft and its vendors.  The latest flavor of a Microsoft SPLA audit is the verified self-assessment or VSA.  The SPLA verified self-assessment differs from both the independent audit and…

201712.26
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How to Defend a Software Audit

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…

201712.26
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What Service Providers Need to Know About GDPR: The Ins & Outs of the EU’s New Privacy Law

The General Data Protection Regulation (“GDPR”) is looming. GDPR becomes effective May 2018. For Managed Service Providers, the risks of non-compliance can range from up to €20 million to 4% of annual revenues. It’s imperative that Managed Service Providers know what is necessary in assessing their compliance obligations with GDPR. The goal of this webinar…

201712.26
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Negotiating Enterprise Agreements with Microsoft

CAUCUS IT Procurement Summit, November 2017 As Microsoft and other major vendors emphasize their cloud offerings, the legal issues in enterprise agreements have shifted dramatically. The key issues in modern enterprise agreements are driven by privacy, security and regulatory compliance. Robert J. Scott discussed traditional and newly developed Microsoft licensing models, principal concerns about current…

201712.26
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Litigating Software Audit Disputes

The ITAM Review US Conference 2017 Software audits have become routine as publishers have proven that compliance claims get customers’ attention more than sales proposals. Most software license disputes are settled out of court, but what happens when you cannot negotiate a settlement with the publisher or one of its trade associations (BSA | The…

201712.05
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Scott & Scott: Boutique Intellectual Property And Technology Law Firm Located In The Dallas-Fort Worth Area

Scott & Scott is a boutique intellectual property and technology law firm located in Southlake, Texas (in the Dallas-Fort Worth area). Their firm was founded in 1999 on the premise that collaboration between legal and technology professionals is necessary to solve complex business problems. Below is our recent interview with Robert J. Scott from Scott & Scott.

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…