7Jul
Burden of Proof in Copyright Infringement Matters
In a civil copyright infringement claim, many users of copyrighted material are surprised to learn that once the copyright owner has demonstrated that it owns a copyright in the work, the burden shifts to the...
24Jun
When to Buy vs. Uninstall in Software Audits
One of the most common mistakes I encounter in software audits is what I call the post-effective date software buying spree. The buying spree occurs in response to a letter from a publisher or publisher’s...
16Jun
Top Tips for Improving Outcomes for IT Transactions
Negotiating with software, SaaS and hosting vendors is a leverage game. Market leaders like Microsoft, Oracle, IBM, Adobe and SAP know this. Those vendors have structured their sales processes to maximize their ability to exert...
14Jun
Recent Developments in Autodesk Licensing and Audits, Part I
Autodesk introduced subscription plans in 2016 and shortly thereafter, began to phase out perpetual licenses. However, many perpetual users were able to continue upgrading to the newest version of Autodesk products if they had an...
10Jun
Litigation Risks of Ignoring Software Audits
Software audits are a means for software publishers to enforce and regulate use of their copyrighted software, and publishers regularly outsource enforcement of their copyrights to law firms or entities such as the BSA| The...
2Jun
Adobe Audit Demands Can Be Burdensome
Businesses contacted by Adobe for software audits can be lulled into thinking that those investigations entail less exposure risk than audits by other publishers, like Microsoft or IBM. Adobe audits typically are conducted directly by...
