201903.28
Off
1

Oracle Audit Risks

Oracle maintains what I consider to be the most aggressive audit program of any major software publisher. Its licensing rules can be extremely difficult to understand, and they frequently are not clearly stated in the applicable license agreements. Moreover, Oracle’s License Management Services (LMS) team typically is unforgiving when it comes time to apply those…

201903.27
Off
2

How to Contend with Oracle’s Many Licensing Policies

It is common practice for software publishers to incorporate by reference various licensing rules and policies to govern the usage of the publishers’ software products. For example, Microsoft’s volume license agreements (such as MPSAs or Enterprise Agreements) incorporate Microsoft’s Product Terms, Online Services Terms and Service Level Agreement for Online Services (among other documents), with…

201903.26
Off
2

How to Understand Oracle’s Use of its Partitioning Policy for Virtualization

Oracle’s “Technology” software products (such as its WebLogic and Database programs) are very popular products. Unfortunately, as we have explained numerous times here, Oracle’s license agreements and compliance practices entail numerous pitfalls for unwary users of those products. Being caught in one of those pitfalls can result in substantial, unforeseen expenses following an audit by…

201903.20
Off
1

Do You Need a Microsoft Service Provider License (SPLA)?

If your business model involves hosting applications, websites or data, chances are that Microsoft will require you to obtain and follow a SPLA. Businesses that use Microsoft software for internal use only, or where third-party access is anonymous or unauthenticated, do not need a SPLA. With limited exceptions, Microsoft does require customers engaged in commercial…

201903.14
Off
1

Negotiating a Data Processing Agreement Under GDPR

The General Data Protection Regulation (GDPR) became effective on May 25, 2018. GDPR is the widest sweeping privacy regulation to hit the global market since the 1995 EU Data Protection Directive. GDPR is a regulation that requires businesses to protect the personal data and privacy of EU residents (EU data subjects). This new legislation introduces…

201903.07
Off
3

Audit Inspections: How to Proceed with Inspecting Computers for Software Installations

BSA | The Software Alliance (BSA) is an organization that represents software companies and prosecutes alleged unlicensed use of those member companies’ software products.  The BSA generally initially sends a company a letter indicating the company may be out of compliance with applicable software license agreements and demanding that the company investigate and inspect each…

201903.06
Off
2

BSA Informants: Disgruntled Employees

How to Protect Your Company against Copyright Infringement Claims by Disgruntled Employees Seeking a Reward In an effort to enforce the copyrights of its members, Business|The Software Alliance (“BSA”) offers the potential for monetary rewards to any informant that shares information related to software copyright infringement against a company.  Many of our clients are facing…

201903.05
Off
1

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 Software Alliance (“BSA”) or Software & Information Industry Association (“SIIA”). The BSA and SIIA often send a letter to targets…

201903.04
Off
1

Software Audits: The Importance of Timely Completion of Post-Settlement Obligations

Software audits initiated by software publishers or representative entities, such as the Business Software Alliance (“BSA”) and Software & Information Industry Association (“SIIA”), are often resolved by an out-of-court settlement. The carefully crafted settlement agreements release an audited company from liability, contingent on the following obligations: 1) The accuracy of the submitted audit results, 2) Payment of…

201903.01
0
1

Top Tips for Post-Audit Software Remediation

Responding to a software audit can be an arduous, expensive, and time-consuming process for a company. The remediation process to close compliance gaps may vary slightly depending on whether the audit is initiated the software publisher itself or outsourced to an agency such as BSA| The Software Alliance (“BSA”) or the Software & Industry Information…

201902.28
Off
1

Software Audits: Securing a Release of Liability with Settlement

Software auditing entities, such as the Business Software Alliance and Software & Information Industry Association, typically set forth a complex set of requirements for software audits that can be confusing, time-consuming, and expensive. Many businesses faced with software audits are eager to resolve these matters, and choose to pay to settle out of court. Often…

201902.26
Off
2

Timing is Key for Software Audit Settlements

More than 90 percent of software audits initiated by software publishers or representative entities, such as the Business Software Alliance (“BSA”) and Software & Information Industry Association (“SIIA”), are settled out of court after negotiating a final settlement payment and terms. Although there are a number of factors that affect an ultimate resolution, timing of…

201902.25
Off
1

Identifying Legitimate Software from Authorized Vendors to Avoid Copyright Infringement Claims

The International Data Corporation (“IDC”) reports that more than one-third of all software sold is counterfeit, despite often being marketed as authentic or legitimate by a third-party reseller. In addition to counterfeit software, some vendors sell heavily discounted software that is legitimate, but is sold in violation of its license agreement. The Copyright Act shifts…

201902.22
Off
1

Prioritizing and Resolving Multiple Software Audits

A software audit may come in many forms, ranging from an offer for a free Software Asset Management (SAM) engagement to a direct audit from a software publisher or its representative organization, such as the Business Software Alliance (BSA) or Software & Information Industry Association (SIIA). Unfortunately, many companies do not understand the implications of software…