18Feb
Software Audits: Surviving Settlement
Software auditing entities, such as the Business Software Alliance (“BSA”) and Software & Information Industry Association (“SIIA”), initiate software audits of businesses that more often than not result in a settlement agreed to and negotiated...
11Feb
Why Enterprise Clients Should Choose User-based Software Licensing Metrics
I am a technology attorney in Texas specializing in software license transactions and disputes with the major software publishers including Microsoft, Adobe, Oracle and IBM. I represent some of the world’s largest corporations in enterprise...
7Jan
Non-SPLA Licensing for Hosted Microsoft Software
Most businesses seeking to license Microsoft software for the purpose of delivering hosted software solutions over the Internet turn first to the company’s Services Provider License Agreement (SPLA). SPLA is Microsoft’s flagship licensing model for...
7Jan
Microsoft SAM – A Software Audit by Another Name
When I heard a Microsoft executive recently explain its new approach to software license compliance enforcement, I couldn’t believe my ears. Statements like, “Microsoft does not endorse audits,” and “Microsoft believes that most of its...
7Jan
Customers Using Software Recently Acquired by IBM Should Proceed with Caution
In 2015, IBM acquired no fewer than 11 software and services companies. Many software customers are surprised that after IBM purchases a company, IBM often significantly changes the license terms of the products. For some...
7Jan
IBM’s Audit Rights Take a Turn for the Worse
The software-audit language contained in IBM’s standard license agreements never has been anything that anyone would mistake for customer-focused or even very fair contract terms. However, in August 2014, IBM released a new version of...
