14Dec
General Counsel Should be Aware of Disguised Software Audit Clauses
Software license agreements often contain clauses allowing the licensor to review books and records, “Books and Records” clauses. These are often boilerplate clauses included in license agreements without much consideration from the contracting parties. When...
10Dec
Time Settlement Right for Software Audits
There is a growing trend for software publishers to keep software audits in-house and avoid using external organizations to pursue copyright infringement claims. Often, the compliance teams at the software publishers seek payment for software...
8Dec
Key Provisions for In-House Counsel to Include in Software Settlement Agreements
The end of the year is a busy time for software publishers and entities like the BSA | The Software Alliance (“BSA”) and the Software & Industry Information Association (“SIIA”) to resolve an audit target’s...
3Dec
How CIOs Should Prioritize and Resolve Multiple Software Audits
A software audit may come in many forms, ranging from an offer for a free Software Asset Management (SAM), a License Verification, or a request by a representative organization, such as an outside law firm,...
24Nov
Oracle ULAs Require Delicate Balancing
Many larger companies feel an understandable desire to move toward, centralized, enterprise-level software licensing agreements. Such frameworks often have the advantage of allowing licensees to spread their license spends more evenly over the term of...
17Nov
Settlement Structuring for IBM Audits
Software-compliance audits initiated by IBM can be extremely burdensome and time-consuming and can force companies to face challenges that are somewhat unique among major-publisher audits. For one example, a significant component of IBM’s business model...
