201111.21
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What I Learned in the Last 10 Years Defending BSA -The Software Alliance Audits

I am an intellectual property attorney in Southlake, Texas who has handled more than 230 Business Software Alliance audit matters for small to medium-sized companies. For the last ten years, I have been representing end-user companies nationally in software audit matters initiated by major software publishers including Microsoft, Adobe, Autodesk, IBM and their trade groups…

201111.20
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Attempts to Transfer Microsoft Licenses May be Ineffective

Like most software publishers, Microsoft includes terms in its standard license agreements to restrict a licensee’s ability to resell or otherwise assign to another party the right to install or use software. Increasing the level of difficulty for IT groups trying to manage their software assets, different types of Microsoft licenses come with different transfer…

201110.10
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Do Vendors Use Software Audits to Scare Up New Contracts?

By Peter Procaccio, – IAITAM  There are several items to be concerned about when facing an audit from a software publisher. Software Licenses are permissive documents – they explain what you are permitted to do. Anything else is not permitted. Most licenses have a clause that gives them to audit your system for compliance. In all…

200909.03
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Court Rules SIIA May be Required to Disclose Indentity of Informant

In Solers, Inc. v. Doe, 2009 WL 2460862 (D.C. 2009), Solers, Inc. (“Solers”) filed an action against “John Doe” defendant, alleging defamation and tortious interference with prospective advantageous business opportunities based on a report to the SIIA alleging that Solers was using unlicensed software.  Solers served a subpoena on the SIIA to learn the informant’s identity….

200809.28
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A New Definition of Software Piracy

What is software piracy? Like many politically charged phrases, the definition of software piracy is influenced by your financial interests and your viewpoint. The Software & Information Industry Association recognizes several types of piracy, including, softlifting (installing a single licensed copy of software on several machines), unrestricted client access, hard-disk loading, OEM piracy, commercial use…

200602.02
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Beware of the License Police

Published in Law Technology News February 2, 2006 Shrinking IT budgets, fierce competition and a mature software market have increased the motivation for software publishers (such as Microsoft Corp., Adobe Systems Inc., Oracle) to conduct software licensing audits — investigating their customers to determine if they have purchased enough licenses. Software audits can either be…