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

1602
Many businesses contact Scott & Scott, LLP regarding Services P......
Defending SPLA Audits: Critical First Steps

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You offer your clients managed services that help them run and gro......
Is It Time to Tear Up Your MSP Agreement?

0902
The BSA | The Software Alliance (“the BSA”) investigates claims of software copyright infringe......
Negotiating Copyright Infringement Damages in Software Settlements with the BSA

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.

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

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

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

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

1401
GDPR has been in effect fo......
GDPR Enforcement: Be Proactive with Your Compliance Obligations

0801
Both Brazil and Europe have passed data protection laws......
Brazilian Data Protection Law (“LGPD”) – How Does it Compare to GDPR?

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)?

2912
The end of the year is a busy time for software publishers and entities like the BSA | The Software Al......
Key Provisions in Software Settlement Agreements

2212
Software publishers and entities like the BSA| The Software Alliance and the......
The True Cost of Defending Against Copyright Infringement Litigation

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

1012
Software audits can be intensely frustrating ordeals for businesses t......
Know When to Say When in Response to Auditors’ Requests for Information

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

1011
In many software audits, the auditing entity like the Business Software Allia......
Autodesk Audits: The Importance of Serial Numbers

0111
Software publishers have increasingly identified software audits as po......
Don’t Wait For a Settlement Demand to Hire an Attorney for Copyright Infringement

2910
The Covid-19 pandemic shifted entire non-essential indus......
Autodesk Licensing Implications of Working from Home

2710
Most software audits eventually reach a point after all the deploy......
Don’t Forget to Raise Equitable Arguments in Software Audits

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

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

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

1310
A software audit may come in many forms, ranging from an offer for a ......
Prioritizing and Resolving Multiple Software Audits

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

0110
It is common practice for software publishers to incorporate by reference vari......
How to Contend with Oracle’s Many Licensing Policies

2409
Many software-solution vendors utilize third-party infrastructure or a......
Can a Software Publisher Force You to Audit Your Customers?

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

1609
Software-compliance audits initiated by IBM can be extremely burdensome......
Settlement Structuring for IBM Audits

1009
More than 90 percent of software audits initiated by software publishers or representative entities, such......
Timing is Key for Software Audit Settlements

0809
Most software audits initiated by the software publisher or a third party entity author......
Avoid Overpaying for Software Settlements

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

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

3108
If your company uses a Microsoft Service Provider License Agreement (SPLA)—and it pr......
Preparing for the Inevitable SPLA Audit

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

2508
One of the most overlooked sections in a technology-related contract is the insurance section. Whether ......
Negotiating Technology Contracts – Insurance Requirements

2108
Autodesk sometimes reaches out to its customers to offer additional services, products, or upgrades......
Prevent Autodesk Business Disputes from Turning into an Audit

1108
Obvious though it may sound, in almost every software audit the most cruci......
Accurate Inventory Information Crucial to Audit Outcome

0308
Often the single most arduous and time-consuming task facing companies who are the subject ......
Software Audits: Proving Ownership of Software Licenses

1707
Software publishers regularly audit their customers to help ensure that the customers......
Understanding the Scope of a Software Audit

1507
Almost every business today operates with the support of digital tools. One survey put t......
The Art of Negotiating a Software Audit

0907
Disputes involving software usage are on the rise for businesses of all sizes. In some cases, technical......
Managing Audits to Prevent Unauthorized Disclosures by Technology Teams

0707
Without a contractual provision to the contrary, a......
License Ambiguities in Software Audits

0107
One of the most common mistakes I encounter in software audits is what I c......
When to Buy vs. Uninstall in Software Audits

1006
Businesses that receive software audit demand letters from auditing ......
Effective Dates in Software Audits are Critically Important

0306
In order to effectively manage their software usage and to mitigate compliance exposure, com......
Fundamentals of Software Audit Data Collection – Virtualization Inventory

2005
In order to effectively manage their software usage and to mitigate compliance exposure, companies......
Fundamentals of Software Audit Data Collection – Hardware Inventory

0105
Software audits are significant legal and financial risks for all companies. Wit......
Key Components of Software Audit Response Policies

3004
How to Conduct a Software Audit
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Fundamentals of Software Audit Data Collection[/caption]
......

2904
The General Data Protection Regulation (GDPR) became effective on May 25, 2018. GDPR is the widest sweeping privacy......
Negotiating a Data Processing Agreement Under GDPR

2004
Companies facing copyright infringement claims from soft......
Top Three Tips to Ensure Software Compliance

1304
The majority of copyright infringement claims against consume......
A Software Settlement Is Not Complete Until All Obligations Are Met

0304
Recent trends indicate that software publishers are increasingly initiating direct software a......
Understanding Software License Agreements to Avoid BSA or SIIA Software Audits

3003
As time passes, companies must engage in constructive so......
5 Constructive Approaches to Technology Transactions During a Pandemic

2703
In the recent years, companies have slowly been incorporating more options for its emplo......
Copyright and Software Licensing Implications for Remote Work Force During Covid-19

1203
CTOs who have read Microsoft’s volume license agreements and product use r......
Avoid Ambiguity in Microsoft Licensing Agreements

0703
BSA | The Software Alliance (BSA) is an organization that represents software companies and prosecutes alle......
Audit Inspections: How to Proceed with Inspecting Computers for Software Installations

0603
Technology departments are continuously looking for ways to reduce costs related to software. Many larger enterp......
Unlimited License Agreements for Oracle Products

2802
Autodesk, Inc. uses a variety of resources to identify potential audit targ......
Autodesk Audits: Managing Independent Contractors

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

1102
I am an intellectual property attorney in Southlake, Texas who has handled more than 230 Business S......
What I Learned in the Last 10 Years Defending BSA | The Software Alliance Audits

0502
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

2901
In a civil copyright infringement claim, many users of copyrighted material are surprised ......
Burden of Proof in Copyright Infringement Matters

1501
Illinois is th......
Why You Should Care About Illinois’ Artificial Intelligence Video Interview Act

0701
The concept of transparency in artificial intelligence has been debated extensivel......
Regulatory Compliance and Transparency in Artificial Intelligence

0701
Limitation of liability provisions place limits on the amounts tha......
Limitations of Liability in Artificial Intelligence Contracts

0601
Even though software audits are commonplace in many businesses, recipients of audit not......
Copyright Infringement Defense: Know When to Consult Outside Counsel

1912
Sometimes a company receives notices of audits from many publishers......
Important Tips for Resolving an SIIA Audit During or Immediately After a BSA Audit

0512
Software publishers are regularly auditing customers to ensure compliance with licen......
Treat Audit Demands Like A Litigation Hold Letter

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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If you provide commercial hosting services using Microsoft’s Service Provider Lice......
What is a Microsoft SPLA Verified Self-Audit?

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......
1710
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

1010
Most Microsoft software products – especially server products – can be licensed un......
Avoid Mixed-Mode Microsoft Licensing Whenever Possible

0910
Autodesk routinely conducts software audits to determine whether businesses have unlic......
Autodesk Targets Architects In Software Audits

0310
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

2409
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

1909
This year, IBM announced that it was going to present certain customers with the opportunity to participate in its ne......
An Audit by Another Name: IBM’s new IASP Program

1809
Most providers of hosted software solutions traditionally have delivered those solutions over the Intern......
Is Hosting Microsoft Products via Third Parties a Good Option?

1709
Many businesses have teams of third-party vendors to assist with t......
Licensing Non-Employees to Access Microsoft Products on Your Servers

1209
Many businesses that identify a need to acquire “commercial hosting rights” in connection with ......
Which is Better: Microsoft SPLA or Microsoft Self-Hosted Applications?

0909
The General Data Protection Regulation (GDPR) became effective on May 25, 2018. GDPR is the widest sweepi......
GDPR & Artificial Intelligence: The Rise of the Machines and Article 22

0509
It is standard practice for software vendors to include clauses in their license agreements giving the vendors the right......
IBM’s Standard Audit Clause is a Time Bomb

2908
It is common for software solution providers to use third-party products to suppo......
Be Wary of Certain ISV and Embedded Software Agreements

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Many larger companies feel an understandable desire to move toward, centr......
Oracle ULAs Require Delicate Balancing

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Many software publishers recognize that perpetual licenses should be, true to their name......
Avoid Oracle ULA Termination Risks

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Enterprise-level software solutions often entail complex licensing challen......
Sweat the Small Stuff When Licensing Oracle Software



