201609.21
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Audit Defense, The Legal Perspective

ITAM Review Annual US Conference, September 2016 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 |…

201609.20
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To SPLA or Not to SPLA – Microsoft Licensing for the Hosting Services Provider

Microsoft publishes what have become industry standards for numerous different software products, and the market for hosted software solutions that incorporate or that are built on Microsoft programs is a lucrative one. However, Microsoft has very specific licensing requirements for making its products available to end users through commercial hosting services, and the failure to…

201609.20
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Software Compliance Risks in M&A Transactions

IP rights are becoming increasingly important in asset and stock transactions involving business computers and software.  The complexity of software licenses makes it difficult to understand which licenses should and can be transferred as part of an asset acquisition or divestiture.  Increasingly, enterprise software publishers see business combinations between their customers as creating additional revenue…

201609.20
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Six Secrets to Offering Commercial Hosting Services using Microsoft SPLA

In its OEM, retail and volume license agreements, Microsoft prohibits its customers from using its products for “commercial hosting services.” That prohibition leaves a major hole in Microsoft’s license grant for IT and software service providers and for any other companies with customer-facing applications hosted on Microsoft infrastructure. As a result, many companies now require…