201610.13
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What’s Hidden in Your SPLA?

MSPs have a variety of licensing options with their vendors. But, which license options are the best for your MSP practice? At the MSPAlliance MSPWorld Conference in October 2016, managed services contract guru, Julie Machal-Fulks, discussed the many licensing options currently being offered by vendors and provided helpful guidance on which licenses are more likely…

201609.21
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Know Your Rights: Legal Approaches to Minimizing Oracle Audit and Compliance Risk

SAM Summit, July 2016 How do other organizations weather an Oracle audit? Looking for success stories and winning strategies? In this session, attorney Julie Machal-Fulks of Scott & Scott illustrated how Oracle’s audit program has impacted many of her clients. She revealed the many flavors of an Oracle audit, common surprises, the legal implications of…

201609.21
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Surpises & Gotchas in Your IBM License Agreements

SAM Summit, July 2016 During this session, Scott & Scott, LLP partner Julie Machal-Fulks discussed some of the challenges that organizations encounter when trying to ensure compliance with their IBM license agreements. When it comes to IBM products, many companies cannot easily or quickly verify compliance, and the risks associated with IBM licensing can be…

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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Ethical Considerations for Software Audits

Software audits initiated by software publishers and trade associations such as The Business Software Alliance (“BSA”) and Software & Industry Information Association (“SIIA”) are on the rise. A company should be aware of the implications of the process and strategy decisions related to how the data is collected. Traditional protections of the data under the…

201609.20
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Hot Topics in Adobe Licensing

Adobe software is used by a wide range of professionals, from administrative, executive, and creative professionals in advertising, marketing, broadcasting, media and entertainment, photography, publishing, education, high tech, government, financial services, gaming and retail. Adobe has recently increased its auditing efforts, and has aggressively targeted many of its customers for in-depth audits resulting in millions…

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…