201804.12
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Post-Settlement Obligations in Software Settlements

A settlement agreement to resolve software copyright infringement claims is not the final word in obtaining a release of liability. There are a number of obligations triggered by the settlement agreement that cannot be ignored to avoid jeopardizing the release of liability. Businesses must create internal protocols for risk management, future software audits, license compliance,…

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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How to Mitigate Five IBM Licensing Risks

Because IBM products like WebSphere, DB2, Tivoli, Informix, and Lotus Notes are expensive, and companies cannot always easily or quickly verify compliance, companies are facing substantial unbudgeted financial risks associated with IBM licensing. For example, if a company is trying to license under IBM’s Sub-Capacity license rules and fails to adhere to all of the…

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…

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…

201705.17
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Know Your Rights: Legal Approaches to Minimizing Oracle Audit & Compliance Risk

Oracle software is used by a wide range of enterprises.  Oracle’s audit practice has continued to grow and many customers are surprised by the outcomes in Oracle audits.  In some instances, audits results in millions of dollars in licensing exposure. During this webinar, Julie Machal – Fulks covers: Typical Oracle Licensing Metrics, including Unlimited License…

201704.26
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Reselling Microsoft SPLA & Cloud

Many data center operators are considering adding cloud solutions to their menu of services. 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…