201709.28
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Software Information Industry Association (SIIA) Settlement Agreement Provision Regarding Purchase of Software

Settlement Agreements with the SIIA, a trade association for the software and digital content industry, often contain provisions requiring the audited company to not only purchase software to satisfy licensing deficiencies it carries going forward after settlement, but also to purchase software from an “authorized reseller.” An authorized reseller is a vendor with permission to…

201707.12
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Unbundling Software Suites in SIIA Audits

One of the most controversial tactics the SIIA uses when calculating its settlement demands is its practice of unbundling software suites such as Microsoft Office and Adobe Creative Suite. Unbundling occurs when the target of a SIIA audit is unable to provide acceptable proof of purchase for one or more installation of a software suite….

201705.11
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Suing the Informant in SIIA Audits

The targets of SIIA audits frequently believe that they know who reported them to the Software & Information Industry Association. Justifiably angry, they want to know what legal recourse they have against the informant. Because the informants are frequently out of work, having been fired by the target, I advise my clients about the number…

201704.06
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Software Piracy

Software piracy audits conducted by the BSA and the SIIA threaten small and medium sized businesses. As the economy tightens, software publishers such as Microsoft, Adobe, and Autodesk hide behind software piracy enforcement groups to pursue customers accused of installing more software on corporate computers than they have purchased licenses for. If your company has…

201703.02
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SIIA Audit Timeline

One of the top ten questions asked by my clients is “How long does the SIIA self-audit process take from start to finish?” Of course I give the standard lawyer answer: it depends. Here are the steps to a typical SIIA audit. Preparation of Audit Materials (3 to 6 months) A SIIA audit is a…

201702.17
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Seeking Help for an SIIA Audit

After receiving a request from the Software & Information Industry Association (“SIIA”), many companies choose to conduct an internal audit of software installed on their networks. There are multiple considerations regarding the strategy for conducting an audit, including, but not limited to, the  nature of the company’s record-keeping, the size of the company, the size of…

201701.17
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Proof of License in SIIA Software Audits

Like all audits, success in a SIIA software audit depends less on what you own and more on what you can prove that you own. Although not required by law, the SIIA takes the position that a target company is out of compliance for each installation of SIIA member software products for which the target…

201612.28
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Preventing Bad Press Associated With SIIA Software Audits

The Software & Information Industry Association (“SIIA”) is an organization that pursues copyright infringement claims on behalf of many software publishers against companies it accuses of violating its members’ software license agreements. Although many companies have properly licensed software, many are unable to produce the receipts from software purchased years prior to the audit. In…

201611.15
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Making SIIA Settlements Affordable With Payment Terms

Legal fees and expenses can quickly add up defending against a Software & Information Industry Association (“SIIA”) audit and potential software copyright infringement claims. The SIIA typically demands a penalty based on some multiple of the MSRP of each product alleged to have been infringed, in addition to the SIIA’s attorney’s fees and a sometimes…

201610.12
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Locating Entitlements for SIIA Software Audit

Once the Software & Information Industry Association (“SIIA”) sends a letter to a company questioning the authenticity of software licensing status and demanding a self audit, it is very important to have proofs of purchase for the licenses in question. Unless a company is able to provide sufficient documentation proving all of the SIIA-member software…