2904
Microsoft’s Services Provider License Agreement (SPLA) is the principal licensing agre......
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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
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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
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0704
During a global pandemic, health care organizations may have believed that they could focus solely o......
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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?
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3003
Agreements often contain clauses allowing the parties to review books and records......
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2503
Software audits initiated by software publishers or representative entities,......
Software Audits: The Importance of Timely Completion of Post-Settlement Obligations
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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?
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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......
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0203
It has been said that software is the new oil. It fuels the information revolution. And i......
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1902
In the software licensing world, all audits are not created equal.
On one hand are the “true,” co......
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On one hand are the “true,” co......
1602
Many businesses contact Scott & Scott, LLP regarding Services P......
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1202
You offer your clients managed services that help them run and gro......
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0902
The BSA | The Software Alliance (“the BSA”) investigates claims of software copyright infringe......
Negotiating Copyright Infringement Damages in Software Settlements with the BSA
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0802
An increasing number of companies ......
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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
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2101
IBM software licensing can present an array of interpretive and compliance challenges for even the most sophisticated ......
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1901
Of the many complex licensing arrangements Oracle offers to its customers, no......
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1401
GDPR has been in effect fo......
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0801
Both Brazil and Europe have passed data protection laws......
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3112
If your business model involves hosting applications, websites or data, chances are that Microsoft w......
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2912
The end of the year is a busy time for software publishers and entities like the BSA | The Software Al......
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2212
Software publishers and entities like the BSA| The Software Alliance and the......
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1512
The International Data Corporation (“IDC”) reports that more than one-third of all softw......
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1012
Software audits can be intensely frustrating ordeals for businesses t......
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0312
I am a partner in Scott & Scott, LLP a firm that focuses on technology law matters in Southla......
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1011
In many software audits, the auditing entity like the Business Software Allia......
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0111
Software publishers have increasingly identified software audits as po......
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2910
The Covid-19 pandemic shifted entire non-essential indus......
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2710
Most software audits eventually reach a point after all the deploy......
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2210
Following the conclusion of a software audit, Microsoft’s standard practice is to require an audit......
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2010
Most companies with more than a handful of computers in their IT environments rely on the re......
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1510
Virtualization can reduce the number of physical machines required in an environment and have seve......
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1310
A software audit may come in many forms, ranging from an offer for a ......
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0610
It is not unusual for companies to use virtualization technologies to reduce costs, ensure redundancy, and reduc......
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0110
It is common practice for software publishers to incorporate by reference vari......
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2409
Many software-solution vendors utilize third-party infrastructure or a......
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2209
If your company licenses products to third parties under the Microsoft Service Provider License Agreemen......
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1609
Software-compliance audits initiated by IBM can be extremely burdensome......
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1009
More than 90 percent of software audits initiated by software publishers or representative entities, such......
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0809
Most software audits initiated by the software publisher or a third party entity author......
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0409
If your business receives an inquiry from Oracle requesting that you complete an Oracle Server Workshe......
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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......
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3108
If your company uses a Microsoft Service Provider License Agreement (SPLA)—and it pr......
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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
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2508
One of the most overlooked sections in a technology-related contract is the insurance section. Whether ......
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2108
Autodesk sometimes reaches out to its customers to offer additional services, products, or upgrades......
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1108
Obvious though it may sound, in almost every software audit the most cruci......
Accurate Inventory Information Crucial to Audit Outcome
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0308
Often the single most arduous and time-consuming task facing companies who are the subject ......
Software Audits: Proving Ownership of Software Licenses
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1707
Software publishers regularly audit their customers to help ensure that the customers......
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1507
Almost every business today operates with the support of digital tools. One survey put t......
The Art of Negotiating a Software Audit
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0907
Disputes involving software usage are on the rise for businesses of all sizes. In some cases, technical......
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0707
Without a contractual provision to the contrary, a......
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0107
One of the most common mistakes I encounter in software audits is what I c......
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1006
Businesses that receive software audit demand letters from auditing ......
Effective Dates in Software Audits are Critically Important
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0306
In order to effectively manage their software usage and to mitigate compliance exposure, com......
Fundamentals of Software Audit Data Collection – Virtualization Inventory
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2005
In order to effectively manage their software usage and to mitigate compliance exposure, companies......
Fundamentals of Software Audit Data Collection – Hardware Inventory
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Software audits are significant legal and financial risks for all companies. Wit......
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3004
How to Conduct a Software Audit
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2904
The General Data Protection Regulation (GDPR) became effective on May 25, 2018. GDPR is the widest sweeping privacy......
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2004
Companies facing copyright infringement claims from soft......
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1304
The majority of copyright infringement claims against consume......
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0304
Recent trends indicate that software publishers are increasingly initiating direct software a......
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3003
As time passes, companies must engage in constructive so......
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2703
In the recent years, companies have slowly been incorporating more options for its emplo......
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1203
CTOs who have read Microsoft’s volume license agreements and product use r......
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CTOs who have read Microsoft’s volume license agreements and product use r......
0703
BSA | The Software Alliance (BSA) is an organization that represents software companies and prosecutes alle......
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0603
Technology departments are continuously looking for ways to reduce costs related to software. Many larger enterp......
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2802
Autodesk, Inc. uses a variety of resources to identify potential audit targ......
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2102
Most software license agreements used by major publishers like Microsoft and IBM are in many ways vague with ......
Beware the Convenient “Intent” of Software Publishers
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1102
I am an intellectual property attorney in Southlake, Texas who has handled more than 230 Business S......
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2901
In a civil copyright infringement claim, many users of copyrighted material are surprised ......
Burden of Proof in Copyright Infringement Matters
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1501
Illinois is th......
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0701
The concept of transparency in artificial intelligence has been debated extensivel......
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0701
Limitation of liability provisions place limits on the amounts tha......
Limitations of Liability in Artificial Intelligence Contracts
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0601
Even though software audits are commonplace in many businesses, recipients of audit not......
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Even though software audits are commonplace in many businesses, recipients of audit not......
1912
Sometimes a company receives notices of audits from many publishers......
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0512
Software publishers are regularly auditing customers to ensure compliance with licen......
Treat Audit Demands Like A Litigation Hold Letter
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3110
As software audits increasingly become a way for software publishers to increase revenue, it ......
Don’t Jeopardize Your Release of Liability! Complete post-settlement obligations
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2910
If you provide commercial hosting services using Microsoft’s Service Provider Lice......
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2310
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 an Oracle license review or software audit that it reviews the license position of all of its customers worldwide. That means if your company has not particip......
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Businesses that have endured software audits from industry groups like the BSA and the SIIA or from softw......
IBM Software Audits Complicated by Diverse License Types
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1010
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......
0910
Autodesk routinely conducts software audits to determine whether businesses have unlic......
Autodesk Targets Architects In Software Audits
Autodesk routinely conducts software audits to determine whether businesses have unlic......
0310
More and more businesses are considering accessing hosted software rather than purchasing on-premise sof......
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Software as a Service and Cloud Service offerings have become ubiquitous digital platform......
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