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Category Archives: «Blogs»

Voted "Technology Law Firm of the Year - USA" by Finance Monthly 2020

View Our Client Reviews
2502

BSA/SIIA Audits and Software Publisher-Initiated Audits Differ in Important Ways

Christopher Barnett  Comments (0)
W......
1902

When an Audit is Not an Audit, Think Twice About Participating

Christopher Barnett  Comments (0)
In the software licensing world, all audits are not created equal. On one hand are the “true,” co......
1602

Defending SPLA Audits: Critical First Steps

Christopher Barnett  Comments (0)
Many businesses contact Scott & Scott, LLP regarding Services P......
1202

Is It Time to Tear Up Your MSP Agreement?

Rob Scott  Comments (0)
You offer your clients managed services that help them run and gro......
0902

Negotiating Copyright Infringement Damages in Software Settlements with the BSA

Keli Johnson Swan  Comments (0)
The BSA | The Software Alliance (“the BSA”) investigates claims of software copyright infringe......
0802

11 Secrets to Defending BSA | The Software Alliance Audits

Rob Scott  Comments (0)
Don't be in the dark on how to prepare and respond to software audits.
An increasing number of companies ......
0502

Don’t Take Your NDA for Granted During Software Audits

Christopher Barnett  Comments (0)
Many businesses expend far too little effort in securing appropriate non-disclosure agreements during softwar......
0302

Control Software Audit Disclosures By Keeping an Eye on the Audited Entity

Christopher Barnett  Comments (0)
In many cases where we are retained to assist companies targeted for software audits after software-deployment d......
2101

Top Three Challenges in Standard IBM License Agreements

Christopher Barnett  Comments (0)
IBM software licensing can present an array of interpretive and compliance challenges for even the most sophisticated ......
1901

Three Actions Oracle Customers Should Take at the End of a ULA

Julie Machal-Fulks  Comments (0)
Of the many complex licensing arrangements Oracle offers to its customers, no......
1401

GDPR Enforcement: Be Proactive with Your Compliance Obligations

Stephen F. Pinson  Comments (0)
GDPR has been in effect fo......
0801

Brazilian Data Protection Law (“LGPD”) – How Does it Compare to GDPR?

Stephen F. Pinson  Comments (0)
Both Brazil and Europe have passed data protection laws......
0501

Not All Software Audits Protected By Privilege

Keli Johnson Swan  Comments (0)
                 ......
3112

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

Rob Scott  Comments (0)
If your business model involves hosting applications, websites or data, chances are that Microsoft w......
2912

Key Provisions in Software Settlement Agreements

Keli Johnson Swan  Comments (0)
The end of the year is a busy time for software publishers and entities like the BSA | The Software Al......
2212

The True Cost of Defending Against Copyright Infringement Litigation

Keli Johnson Swan  Comments (0)
Software publishers and entities like the BSA| The Software Alliance and the......
1512

Identifying Legitimate Software from Authorized Vendors to Avoid Copyright Infringement Claims

Keli Johnson Swan  Comments (0)
The International Data Corporation (“IDC”) reports that more than one-third of all softw......
1012

Know When to Say When in Response to Auditors’ Requests for Information

Christopher Barnett  Comments (0)
Software audits can be intensely frustrating ordeals for businesses t......
0312

How to Find the Best Lawyer for Your BSA Audit Case

Rob Scott  Comments (0)
I am a partner in Scott & Scott, LLP a firm that focuses on technology law matters in Southla......
1011

Autodesk Audits: The Importance of Serial Numbers

Julie Machal-Fulks  Comments (0)
In many software audits, the auditing entity like the Business Software Allia......
0111

Don’t Wait For a Settlement Demand to Hire an Attorney for Copyright Infringement

Keli Johnson Swan  Comments (0)
Software publishers have increasingly identified software audits as po......
2910

Autodesk Licensing Implications of Working from Home

Keli Johnson Swan  Comments (0)
The Covid-19 pandemic shifted entire non-essential indus......
2710

Don’t Forget to Raise Equitable Arguments in Software Audits

Christopher Barnett  Comments (0)
Most software audits eventually reach a point after all the deploy......
2210

In Microsoft Audits, Don’t Forget About True-Up Rights

Christopher Barnett  Comments (0)
Following the conclusion of a software audit, Microsoft’s standard practice is to require an audit......
2010

Be Wary of Audit Tools Promoted by Software Auditors

Christopher Barnett  Comments (0)
Most companies with more than a handful of computers in their IT environments rely on the re......
1510

VMware Licensing: Common Questions about Licensing Rules and Restrictions, Part II

Keli Johnson Swan  Comments (0)
Virtualization can reduce the number of physical machines required in an environment and have seve......
1310

Prioritizing and Resolving Multiple Software Audits

Keli Johnson Swan  Comments (0)
A software audit may come in many forms, ranging from an offer for a ......
0610

VMware Audits: What You Need to Know About Licensing Rules, Part I

Keli Johnson Swan  Comments (0)
It is not unusual for companies to use virtualization technologies to reduce costs, ensure redundancy, and reduc......
0110

How to Contend with Oracle’s Many Licensing Policies

Christopher Barnett  Comments (0)
It is common practice for software publishers to incorporate by reference vari......
2409

Can a Software Publisher Force You to Audit Your Customers?

Christopher Barnett  Comments (0)
Many software-solution vendors utilize third-party infrastructure or a......
2209

How to Protect Your Company in a Microsoft SPLA Self-Certification

Rob Scott  Comments (0)
If your company licenses products to third parties under the Microsoft Service Provider License Agreemen......
1609

Settlement Structuring for IBM Audits

Christopher Barnett  Comments (0)
Software-compliance audits initiated by IBM can be extremely burdensome......
1009

Timing is Key for Software Audit Settlements

Keli Johnson Swan  Comments (0)
More than 90 percent of software audits initiated by software publishers or representative entities, such......
0809

Avoid Overpaying for Software Settlements

Keli Johnson Swan  Comments (0)
Most software audits initiated by the software publisher or a third party entity author......
0409

Using an Oracle Server Worksheet to Respond to Oracle Licensing Inquiries

Julie Machal-Fulks  Comments (0)
If your business receives an inquiry from Oracle requesting that you complete an Oracle Server Workshe......
0209

Be Wary of Requests for Mystery Data

Christopher Barnett  Comments (0)
Software auditors such as KPMG, Deloitte and PriceWaterhouseCoopers like to have things their way. It’s an unders......
3108

Preparing for the Inevitable SPLA Audit

Rob Scott  Comments (0)
If your company uses a Microsoft Service Provider License Agreement (SPLA)—and it pr......
2608

Be Wary of All Factors Affecting Potential Exposure in Software Audits

Christopher Barnett  Comments (0)
Most businesses that try to plan for software audits and to estimate the potential exposure they co......
2508

Negotiating Technology Contracts – Insurance Requirements

Stephen F. Pinson  Comments (0)
One of the most overlooked sections in a technology-related contract is the insurance section. Whether ......
2108

Prevent Autodesk Business Disputes from Turning into an Audit

Keli Johnson Swan  Comments (0)
Autodesk sometimes reaches out to its customers to offer additional services, products, or upgrades......
1108

Accurate Inventory Information Crucial to Audit Outcome

Christopher Barnett  Comments (0)
Obvious though it may sound, in almost every software audit the most cruci......
0308

Software Audits: Proving Ownership of Software Licenses

Keli Johnson Swan  Comments (0)
Often the single most arduous and time-consuming task facing companies who are the subject ......
1707

Understanding the Scope of a Software Audit

Keli Johnson Swan  Comments (0)
Software publishers regularly audit their customers to help ensure that the customers......
1507

The Art of Negotiating a Software Audit

Rob Scott  Comments (0)
Almost every business today operates with the support of digital tools. One survey put t......
0907

Managing Audits to Prevent Unauthorized Disclosures by Technology Teams

Keli Johnson Swan  Comments (0)
Disputes involving software usage are on the rise for businesses of all sizes. In some cases, technical......
0707

License Ambiguities in Software Audits

Rob Scott  Comments (0)
Without a contractual provision to the contrary, a......
0107

When to Buy vs. Uninstall in Software Audits

Rob Scott  Comments (0)
One of the most common mistakes I encounter in software audits is what I c......
1006

Effective Dates in Software Audits are Critically Important

Rob Scott  Comments (0)
Businesses that receive software audit demand letters from auditing ......
0306

Fundamentals of Software Audit Data Collection – Virtualization Inventory

Christopher Barnett  Comments (0)
In order to effectively manage their software usage and to mitigate compliance exposure, com......
2705

Keeping It Confidential: Protecting Data Privacy, Attorney-Client and Work Product Privilege with the Rise of Videoconferencing

Keli Johnson Swan  Comments (0)
The sh......
2005

Fundamentals of Software Audit Data Collection – Hardware Inventory

Christopher Barnett  Comments (0)
In order to effectively manage their software usage and to mitigate compliance exposure, companies......
1305

IBM Eliminates Sub-Capacity Licensing for Windows 2008 Servers

Julie Machal-Fulks  Comments (0)
Microsoft ......
0105

Key Components of Software Audit Response Policies

Christopher Barnett  Comments (0)
Software audits are significant legal and financial risks for all companies. Wit......
3004

How to Conduct a Software Audit

Christopher Barnett  Comments (0)
[caption id="attachment_5534" align="alignnone" width="614"] Fundamentals of Software Audit Data Collection[/caption]   ......
2904

Negotiating a Data Processing Agreement Under GDPR

Stephen F. Pinson  Comments (0)
The General Data Protection Regulation (GDPR) became effective on May 25, 2018. GDPR is the widest sweeping privacy......
2104

Compliance Remains a Concern Even in the Cloud

Christopher Barnett  Comments (0)
For many......
2004

Top Three Tips to Ensure Software Compliance

Keli Johnson Swan  Comments (0)
Companies facing copyright infringement claims from soft......
1304

A Software Settlement Is Not Complete Until All Obligations Are Met

Keli Johnson Swan  Comments (0)
The majority of copyright infringement claims against consume......
0304

Understanding Software License Agreements to Avoid BSA or SIIA Software Audits

Keli Johnson Swan  Comments (0)
Recent trends indicate that software publishers are increasingly initiating direct software a......
3003

5 Constructive Approaches to Technology Transactions During a Pandemic

Rob Scott  Comments (0)
As time passes, companies must engage in constructive so......
2703

Copyright and Software Licensing Implications for Remote Work Force During Covid-19

Keli Johnson Swan  Comments (0)
In the recent years, companies have slowly been incorporating more options for its emplo......
2503

Attempts to Transfer Microsoft Licenses May be Ineffective

Rob Scott  Comments (0)
Like......
1203

Avoid Ambiguity in Microsoft Licensing Agreements

Christopher Barnett  Comments (0)
CTOs who have read Microsoft’s volume license agreements and product use r......
0703

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

Rob Scott  Comments (0)
BSA | The Software Alliance (BSA) is an organization that represents software companies and prosecutes alle......
0603

Unlimited License Agreements for Oracle Products

Julie Machal-Fulks  Comments (0)
Technology departments are continuously looking for ways to reduce costs related to software. Many larger enterp......
2802

Autodesk Audits: Managing Independent Contractors

Keli Johnson Swan  Comments (0)
Autodesk, Inc. uses a variety of resources to identify potential audit targ......
2102

Beware the Convenient “Intent” of Software Publishers

Christopher Barnett  Comments (0)
Most software license agreements used by major publishers like Microsoft and IBM are in many ways vague with ......
1102

What I Learned in the Last 10 Years Defending BSA | The Software Alliance Audits

Rob Scott  Comments (0)
I am an intellectual property attorney in Southlake, Texas who has handled more than 230 Business S......
0502

Negotiating a Statement of Work: Key terms in a Statement of Work

Stephen F. Pinson  Comments (0)
Often, after signing a Master Service Agreement (“MSA”), a service provider and its client will memo......
2901

Burden of Proof in Copyright Infringement Matters

Keli Johnson Swan  Comments (0)
In a civil copyright infringement claim, many users of copyrighted material are surprised ......
1501

Why You Should Care About Illinois’ Artificial Intelligence Video Interview Act

Rob Scott  Comments (0)
Illinois is th......
1501

When Artificial Intelligence Creates Adverse Impacts Based Upon Gender

Rob Scott  Comments (0)
What App......
0701

Regulatory Compliance and Transparency in Artificial Intelligence

Rob Scott  Comments (0)
The concept of transparency in artificial intelligence has been debated extensivel......
0701

Limitations of Liability in Artificial Intelligence Contracts

Rob Scott  Comments (0)
Limitation of liability provisions place limits on the amounts tha......
0701

Article 22 of GDPR and Artificial Intelligence Contracts

Rob Scott  Comments (0)
Europe’s General D......
0601

Copyright Infringement Defense: Know When to Consult Outside Counsel

Keli Johnson Swan  Comments (0)
Even though software audits are commonplace in many businesses, recipients of audit not......
1912

Important Tips for Resolving an SIIA Audit During or Immediately After a BSA Audit

Keli Johnson Swan  Comments (0)
Sometimes a company receives notices of audits from many publishers......
0512

Treat Audit Demands Like A Litigation Hold Letter

Keli Johnson Swan  Comments (0)
Software publishers are regularly auditing customers to ensure compliance with licen......
3110

Don’t Jeopardize Your Release of Liability! Complete post-settlement obligations

Keli Johnson Swan  Comments (0)
As software audits increasingly become a way for software publishers to increase revenue, it ......
2910

What is a Microsoft SPLA Verified Self-Audit?

Rob Scott  Comments (0)
If you provide commercial hosting services using Microsoft’s Service Provider Lice......
2410

Costly Software Audit Mistakes

Keli Johnson Swan  Comments (0)
2310

Seven Lessons I learned representing clients in Oracle Audits

Julie Machal-Fulks  Comments (0)
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......
1710

IBM Software Audits Complicated by Diverse License Types

Christopher Barnett  Comments (0)
Businesses that have endured software audits from industry groups like the BSA and the SIIA or from softw......
1010

Avoid Mixed-Mode Microsoft Licensing Whenever Possible

Christopher Barnett  Comments (0)
Most Microsoft software products – especially server products – can be licensed un......
0910

Autodesk Targets Architects In Software Audits

Keli Johnson Swan  Comments (0)
Autodesk routinely conducts software audits to determine whether businesses have unlic......
0810

GDPR Protection: Better to be Safe than Sorry

Rob Scott  Comments (0)
So far this year alone,......
0310

Negotiating Technology Contracts: On-premise vs. Cloud and Hosted Software

Stephen F. Pinson  Comments (0)
More and more businesses are considering accessing hosted software rather than purchasing on-premise sof......
0210

Bad Advice That Can Get You Sued for Software Copyright Infringement

Keli Johnson Swan  Comments (0)
2609

One Easy, Preventative Step to Reduce Exposure in Autodesk Audits

Christopher Barnett  Comments (0)
2409

Negotiating Contracts: 12 Key Terms to Negotiate in a Software as a Service or Cloud Service Agreement

Stephen F. Pinson  Comments (0)
Software as a Service and Cloud Service offerings have become ubiquitous digital platform......
1909

An Audit by Another Name: IBM’s new IASP Program

Julie Machal-Fulks  Comments (0)
This year, IBM announced that it was going to present certain customers with the opportunity to participate in its ne......
1809

Is Hosting Microsoft Products via Third Parties a Good Option?

Christopher Barnett  Comments (0)
Most providers of hosted software solutions traditionally have delivered those solutions over the Intern......
1709

Licensing Non-Employees to Access Microsoft Products on Your Servers

Christopher Barnett  Comments (0)
Many businesses have teams of third-party vendors to assist with t......
1209

Which is Better: Microsoft SPLA or Microsoft Self-Hosted Applications?

Christopher Barnett  Comments (0)
Many businesses that identify a need to acquire “commercial hosting rights” in connection with ......
0909

GDPR & Artificial Intelligence: The Rise of the Machines and Article 22

Stephen F. Pinson  Comments (0)
The General Data Protection Regulation (GDPR) became effective on May 25, 2018. GDPR is the widest sweepi......
0509

IBM’s Standard Audit Clause is a Time Bomb

Christopher Barnett  Comments (0)
It is standard practice for software vendors to include clauses in their license agreements giving the vendors the right......
2908

Be Wary of Certain ISV and Embedded Software Agreements

Christopher Barnett  Comments (0)
It is common for software solution providers to use third-party products to suppo......
2808

Oracle ULAs Require Delicate Balancing

Christopher Barnett  Comments (0)
Many larger companies feel an understandable desire to move toward, centr......
2608

Avoid Oracle ULA Termination Risks

Christopher Barnett  Comments (0)
Many software publishers recognize that perpetual licenses should be, true to their name......
2108

Sweat the Small Stuff When Licensing Oracle Software

Christopher Barnett  Comments (0)
Enterprise-level software solutions often entail complex licensing challen......
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