1401
Managing a complex IT environment very challenging, even before becoming involved in an ......
How to respond to a VMware Audit
Managing a complex IT environment very challenging, even before becoming involved in an ......
1101
Often the single most arduous and time-consuming task facing companies who are the subject ......
Software Audits: Proving Ownership of Software Licenses
Often the single most arduous and time-consuming task facing companies who are the subject ......
0501
Most Microsoft software products – especially server products – can be licensed un......
Avoid Mixed-Mode Microsoft Licensing Whenever Possible
Most Microsoft software products – especially server products – can be licensed un......
3012
Disputes involving software usage are on the rise for businesses of all sizes. In some cases, technic......
Managing Audits to Prevent Unauthorized Disclosures by Technology Teams
Disputes involving software usage are on the rise for businesses of all sizes. In some cases, technic......
Have you received notice of an
1412
Software license agreements often contain clauses allowing the licensor to review books and records, “B......
General Counsel Should be Aware of Disguised Software Audit Clauses
Software license agreements often contain clauses allowing the licensor to review books and records, “B......
1012
There is a growing trend for software publishers to keep software audits in......
Time Settlement Right for Software Audits
There is a growing trend for software publishers to keep software audits in......
The end of the year is a busy time for software publishers and entities like the
0312
A software audit may come in many forms, ranging from an offer for ......
How CIOs Should Prioritize and Resolve Multiple Software Audits
A software audit may come in many forms, ranging from an offer for ......
2411
Many larger companies feel an understandable desire to move toward, centr......
Oracle ULAs Require Delicate Balancing
Many larger companies feel an understandable desire to move toward, centr......
1711
Software-compliance audits initiated by IBM can be extremely burdensome......
Settlement Structuring for IBM Audits
Software-compliance audits initiated by IBM can be extremely burdensome......
1211
CTOs who have read Microsoft’s volume license agreements and product use r......
Avoid Ambiguity in Microsoft Licensing Agreements
CTOs who have read Microsoft’s volume license agreements and product use r......
1011
The General Data Protection Regulation (GDPR) became effective on May 25, 2018. GDPR is the widest swee......
GDPR & Artificial Intelligence: The Rise of the Machines and Article 22
The General Data Protection Regulation (GDPR) became effective on May 25, 2018. GDPR is the widest swee......
0511
At this stage, if your company has not f......
A Chief Information Officer’s Guide to Mitigating Costs Amid Software Copyright Disputes and Audits
At this stage, if your company has not f......
0211
Previously, I wrote an article about poor advice that can get you sued for co......
CIOs and CTOs: Bad Advice That Can Get You Sued for Software Copyright Infringement
Previously, I wrote an article about poor advice that can get you sued for co......
2610
Companies are sometimes fielding multip......
When Outside Counsel Is Worth the Cost: Software Copyright Infringement
Companies are sometimes fielding multip......
2210
Responding to a software audit can be an arduous, expensive, and t......
Top Tips for Post-Audit Software Remediation
Responding to a software audit can be an arduous, expensive, and t......
1910
Over the last several years, more and more Oracle customers are receiving notices that they have been selected for ......
Seven Lessons I learned representing clients in Oracle Audits
Over the last several years, more and more Oracle customers are receiving notices that they have been selected for ......
1210
In defending against software audits initiated by publi......
Software-Audit Compliance Demands Often Include “Fuzzy Math”
In defending against software audits initiated by publi......
0810
One of the most overlooked sections in a technology-related contract is the insurance section. Whether ......
Negotiating Technology Contracts – Insurance Requirements
One of the most overlooked sections in a technology-related contract is the insurance section. Whether ......
0710
One of the most critical steps of any business faces in......
Don’t Short-Sheet the Internal Analysis in an IBM Audit
One of the most critical steps of any business faces in......
2909
In recent years, Microsoft seems to have been shifting an increas......
To SAM or Not to SAM? The Differences Between a Microsoft SAM Engagement and an Audit
In recent years, Microsoft seems to have been shifting an increas......
2109
BSA Informants: Disgruntled Employees
How to Protect Your Company against Copyright Infringement Claims by Disgruntled Employees Seeking a Reward
M......
1409
Many companies would like to know whether and to what extent their existing Oracle software product lice......
Licensing Oracle Software in a Third Party’s Cloud
Many companies would like to know whether and to what extent their existing Oracle software product lice......
For many......
0709
Most software license agreements used by major publishers like Microsoft and IBM a......
Beware the Convenient “Intent” of Software Publishers
Most software license agreements used by major publishers like Microsoft and IBM a......
2708
Many software copyright infringement claims are resolve......
Superseding Audit Rights for Software Copyright Infringement: Settlement Agreements Versus Software License Agreements
Many software copyright infringement claims are resolve......
2408
Software license compliance is a task that typically requires constant vi......
What If I Discover Unlicensed IBM Software on My Servers?
Software license compliance is a task that typically requires constant vi......
1808
Software as a Service and Cloud Service offerings have become ubiquitous digital platform......
Negotiating Contracts: 12 Key Terms to Negotiate in a Software as a Service or Cloud Service Agreement
Software as a Service and Cloud Service offerings have become ubiquitous digital platform......
1208
Most software audits pertaining to products licensed under perpetual licenses (such......
For SPLA Audits, When Historical Data is Missing, Creativity May Be Required
Most software audits pertaining to products licensed under perpetual licenses (such......
0408
Many software-solution vendors utilize third-party infrastructure or a......
Can a Software Publisher Force You to Audit Your Customers?
Many software-solution vendors utilize third-party infrastructure or a......
0208
Many of our clients ask us questions after receiving an audit letter from......
Recent Developments in Autodesk Licensing and Audits, Part II
Many of our clients ask us questions after receiving an audit letter from......
3007
The recent ransomware attack involving Kaseya’s VSA product has left managed s......
Products Liability and Kaseya’s Ransomware Attack
The recent ransomware attack involving Kaseya’s VSA product has left managed s......
2907
BSA | The Software Alliance (BSA) and the Software & Information Industry Assoc......
Costly Software Audit Mistakes
BSA | The Software Alliance (BSA) and the Software & Information Industry Assoc......
2307
Large companies that invest heavily in software licensing are familiar with the extremely ......
Top Three Revisions to Request in Software License Audit Clauses
Large companies that invest heavily in software licensing are familiar with the extremely ......
2007
There is a set of related questions our software-audit clients frequently ask us that boil down to vari......
Software Audit Risks – What Are the Chances Your Company will be Next?
There is a set of related questions our software-audit clients frequently ask us that boil down to vari......
1307
Kaseya, a large technology solutions company, recently reported that its on-p......
Kaseya Ransomware Attack: Does Negligence in Security Affect Liability?
Kaseya, a large technology solutions company, recently reported that its on-p......
0907
As most MSPs have likely heard, Kaseya and many of its customers recently e......
Seven Things MSPs Should Know Before Filing a Lawsuit Against Kaseya for the Recent Ransomware Attack
As most MSPs have likely heard, Kaseya and many of its customers recently e......
0707
In a civil copyright infringement claim, many users of copyrighted material are surprised ......
Burden of Proof in Copyright Infringement Matters
In a civil copyright infringement claim, many users of copyrighted material are surprised ......
2906
Many businesses have teams of third-party vendors to assist with t......
Licensing Non-Employees to Access Microsoft Products on Your Servers
Many businesses have teams of third-party vendors to assist with t......
2406
One of the most common mistakes I encounter in software audits is what I c......
When to Buy vs. Uninstall in Software Audits
One of the most common mistakes I encounter in software audits is what I c......
2206
In our experience, many companies facing software-licensing audits initiated by vendors like Microsoft, Oracle......
High-Level Data-Collection Strategies for Software Audits
In our experience, many companies facing software-licensing audits initiated by vendors like Microsoft, Oracle......
1606
Negotiating with software, SaaS and hosting vendors is a leverage game. Market leaders like Mic......
Top Tips for Improving Outcomes for IT Transactions
Negotiating with software, SaaS and hosting vendors is a leverage game. Market leaders like Mic......
1406
Autodesk introduced subscription plans in 2016 and shortly thereafter, began to phase out perpetual licenses......
Recent Developments in Autodesk Licensing and Audits, Part I
Autodesk introduced subscription plans in 2016 and shortly thereafter, began to phase out perpetual licenses......
1006
Software audits are a means for software publishers to enforce an......
Litigation Risks of Ignoring Software Audits
Software audits are a means for software publishers to enforce an......
0206
Businesses contacted by Adobe for software audits can be lulled into thinking that ......
Adobe Audit Demands Can Be Burdensome
Businesses contacted by Adobe for software audits can be lulled into thinking that ......
2005
Enterprise-level software solutions often are very complex products requiring a level of expe......
Trust, But Verify with Third-Party Software Vendors
Enterprise-level software solutions often are very complex products requiring a level of expe......
1905
Businesses often have close relationships with software vendors, and that closeness usually is ......
Effective Audit-Response Policies Can Be Vital in Responding to Software Audits
Businesses often have close relationships with software vendors, and that closeness usually is ......
1305
More and more businesses are considering accessing hosted software rather than purchasing on-premise sof......
Negotiating Technology Contracts: On-premise vs. Cloud and Hosted Software
More and more businesses are considering accessing hosted software rather than purchasing on-premise sof......
1105
In recent years, many software publishers began using software audits as a means to increase ......
Bad Advice That Can Get You Sued for Software Copyright Infringement
In recent years, many software publishers began using software audits as a means to increase ......
2904
Microsoft’s Services Provider License Agreement (SPLA) is the principal licensing agre......
Top Three Ways to Sabotage Your Licensing Compliance Under SPLA
Microsoft’s Services Provider License Agreement (SPLA) is the principal licensing agre......
1504
Often, after signing a Master Service Agreement (“MSA”), a service provider and its client will memo......
Negotiating a Statement of Work: Key terms in a Statement of Work
Often, after signing a Master Service Agreement (“MSA”), a service provider and its client will memo......
1304
For more than a decade, IBM has allowed its end users to license IBM software products on a sub-capacity basis. For IBM licensi......
IBM Approves Limited Exceptions to ILMT Sub-Capacity Reporting
For more than a decade, IBM has allowed its end users to license IBM software products on a sub-capacity basis. For IBM licensi......
0704
During a global pandemic, health care organizations may have believed that they could focus solely o......
Health Care Organizations Seeing Increased Audit Requests
During a global pandemic, health care organizations may have believed that they could focus solely o......
0104
Many businesses that identify a need to acquire “commercial hosting rights” in connection with ......
Which is Better: Microsoft SPLA or Microsoft Self-Hosted Applications?
Many businesses that identify a need to acquire “commercial hosting rights” in connection with ......
3003
Agreements often contain clauses allowing the parties to review books and records......
Disguised Software Audit Clauses
Agreements often contain clauses allowing the parties to review books and records......
2503
Software audits initiated by software publishers or representative entities,......
Software Audits: The Importance of Timely Completion of Post-Settlement Obligations
Software audits initiated by software publishers or representative entities,......
1603
Software publishers know that the vast majority of their customers are, to varying degrees, out of ......
Releases of Liability as Part of Licensing Deals – How Hard to Push?
Software publishers know that the vast majority of their customers are, to varying degrees, out of ......
1103
Each of the major software publishers has one or two tricks up its sleeve – tricks that often ......
Arguments Against ILMT – What Does and Doesn’t Work?
Each of the major software publishers has one or two tricks up its sleeve – tricks that often ......
0903
Enterprise-level software solutions often entail comple......
Sweat the Small Stuff When Licensing Oracle Software
Enterprise-level software solutions often entail comple......
0203
It has been said that software is the new oil. It fuels the information revolution. And i......
Managing Risks in the Software Audit Process
It has been said that software is the new oil. It fuels the information revolution. And i......
W......
1902
In the software licensing world, all audits are not created equal.
On one hand are the “true,” co......
When an Audit is Not an Audit, Think Twice About Participating
In the software licensing world, all audits are not created equal.
On one hand are the “true,” co......
1602
Many businesses contact Scott & Scott, LLP regarding Services P......
Defending SPLA Audits: Critical First Steps
Many businesses contact Scott & Scott, LLP regarding Services P......
1202
You offer your clients managed services that help them run and gro......
Is It Time to Tear Up Your MSP Agreement?
You offer your clients managed services that help them run and gro......
0902
The BSA | The Software Alliance (“the BSA”) investigates claims of software copyright infringe......
Negotiating Copyright Infringement Damages in Software Settlements with the BSA
The BSA | The Software Alliance (“the BSA”) investigates claims of software copyright infringe......
0802
An increasing number of companies ......
11 Secrets to Defending BSA | The Software Alliance Audits
Don't be in the dark on how to prepare and respond to software audits.
An increasing number of companies ......
0502
Many businesses expend far too little effort in securing appropriate non-disclosure agreements during softwar......
Don’t Take Your NDA for Granted During Software Audits
Many businesses expend far too little effort in securing appropriate non-disclosure agreements during softwar......
0302
In many cases where we are retained to assist companies targeted for software audits after software-deployment d......
Control Software Audit Disclosures By Keeping an Eye on the Audited Entity
In many cases where we are retained to assist companies targeted for software audits after software-deployment d......
2201
Software publishers, acting alone, or t......
Management’s ignorance is not a defense to copyright infringement claimssoft
Software publishers, acting alone, or t......
2101
IBM software licensing can present an array of interpretive and compliance challenges for even the most sophisticated ......
Top Three Challenges in Standard IBM License Agreements
IBM software licensing can present an array of interpretive and compliance challenges for even the most sophisticated ......
1901
Of the many complex licensing arrangements Oracle offers to its customers, no......
Three Actions Oracle Customers Should Take at the End of a ULA
Of the many complex licensing arrangements Oracle offers to its customers, no......
1401
GDPR has been in effect fo......
GDPR Enforcement: Be Proactive with Your Compliance Obligations
GDPR has been in effect fo......
0801
Both Brazil and Europe have passed data protection laws......
Brazilian Data Protection Law (“LGPD”) – How Does it Compare to GDPR?
Both Brazil and Europe have passed data protection laws......
......
3112
If your business model involves hosting applications, websites or data, chances are that Microsoft w......
Do You Need a Microsoft Service Provider License (SPLA)?
If your business model involves hosting applications, websites or data, chances are that Microsoft w......
2212
Software publishers and entities like the BSA| The Software Alliance and the......
The True Cost of Defending Against Copyright Infringement Litigation
Software publishers and entities like the BSA| The Software Alliance and the......
1512
The International Data Corporation (“IDC”) reports that more than one-third of all softw......
Identifying Legitimate Software from Authorized Vendors to Avoid Copyright Infringement Claims
The International Data Corporation (“IDC”) reports that more than one-third of all softw......
1012
Software audits can be intensely frustrating ordeals for businesses t......
Know When to Say When in Response to Auditors’ Requests for Information
Software audits can be intensely frustrating ordeals for businesses t......
0312
I am a partner in Scott & Scott, LLP a firm that focuses on technology law matters in Southla......
How to Find the Best Lawyer for Your BSA Audit Case
I am a partner in Scott & Scott, LLP a firm that focuses on technology law matters in Southla......
1011
In many software audits, the auditing entity like the Business Software Allia......
Autodesk Audits: The Importance of Serial Numbers
In many software audits, the auditing entity like the Business Software Allia......
0111
Software publishers have increasingly identified software audits as po......
Don’t Wait For a Settlement Demand to Hire an Attorney for Copyright Infringement
Software publishers have increasingly identified software audits as po......
2910
The Covid-19 pandemic shifted entire non-essential indus......
Autodesk Licensing Implications of Working from Home
The Covid-19 pandemic shifted entire non-essential indus......
2710
Most software audits eventually reach a point after all the deploy......
Don’t Forget to Raise Equitable Arguments in Software Audits
Most software audits eventually reach a point after all the deploy......
2210
Following the conclusion of a software audit, Microsoft’s standard practice is to require an audit......
In Microsoft Audits, Don’t Forget About True-Up Rights
Following the conclusion of a software audit, Microsoft’s standard practice is to require an audit......
2010
Most companies with more than a handful of computers in their IT environments rely on the re......
Be Wary of Audit Tools Promoted by Software Auditors
Most companies with more than a handful of computers in their IT environments rely on the re......
1510
Virtualization can reduce the number of physical machines required in an environment and have seve......
VMware Licensing: Common Questions about Licensing Rules and Restrictions, Part II
Virtualization can reduce the number of physical machines required in an environment and have seve......
0610
It is not unusual for companies to use virtualization technologies to reduce costs, ensure redundancy, and reduc......
VMware Audits: What You Need to Know About Licensing Rules, Part I
It is not unusual for companies to use virtualization technologies to reduce costs, ensure redundancy, and reduc......
0110
It is common practice for software publishers to incorporate by reference vari......
How to Contend with Oracle’s Many Licensing Policies
It is common practice for software publishers to incorporate by reference vari......
2209
If your company licenses products to third parties under the Microsoft Service Provider License Agreemen......
How to Protect Your Company in a Microsoft SPLA Self-Certification
If your company licenses products to third parties under the Microsoft Service Provider License Agreemen......
1009
More than 90 percent of software audits initiated by software publishers or representative entities, such......
Timing is Key for Software Audit Settlements
More than 90 percent of software audits initiated by software publishers or representative entities, such......
0809
Most software audits initiated by the software publisher or a third party entity author......
Avoid Overpaying for Software Settlements
Most software audits initiated by the software publisher or a third party entity author......
0409
If your business receives an inquiry from Oracle requesting that you complete an Oracle Server Workshe......
Using an Oracle Server Worksheet to Respond to Oracle Licensing Inquiries
If your business receives an inquiry from Oracle requesting that you complete an Oracle Server Workshe......
0209
Software auditors such as KPMG, Deloitte and PriceWaterhouseCoopers like to have things their way. It’s an unders......
Be Wary of Requests for Mystery Data
Software auditors such as KPMG, Deloitte and PriceWaterhouseCoopers like to have things their way. It’s an unders......
3108
If your company uses a Microsoft Service Provider License Agreement (SPLA)—and it pr......
Preparing for the Inevitable SPLA Audit
If your company uses a Microsoft Service Provider License Agreement (SPLA)—and it pr......
2608
Most businesses that try to plan for software audits and to estimate the potential exposure they co......
Be Wary of All Factors Affecting Potential Exposure in Software Audits
Most businesses that try to plan for software audits and to estimate the potential exposure they co......
2108
Autodesk sometimes reaches out to its customers to offer additional services, products, or upgrades......
Prevent Autodesk Business Disputes from Turning into an Audit
Autodesk sometimes reaches out to its customers to offer additional services, products, or upgrades......
1108
Obvious though it may sound, in almost every software audit the most cruci......
Accurate Inventory Information Crucial to Audit Outcome
Obvious though it may sound, in almost every software audit the most cruci......
1707
Software publishers regularly audit their customers to help ensure that the customers......
Understanding the Scope of a Software Audit
Software publishers regularly audit their customers to help ensure that the customers......
