License Ambiguities in Software Audits
Without a contractual provision to the contrary, a......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......Top Three Early Strategic Steps in Enterprise Software Audits
No one likes to be audited. In most cases, there is little that a business can do at the outset of a......Copyright Infringement Defense: Know When to Consult Outside Counsel
Even though software audits are commonplace in many businesses, recipients of audit not......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......IBM Software Audits Complicated by Diverse License Types
Businesses that have endured software audits from industry groups like the BSA and the SIIA or from softw......Know When to Say When in Response to Auditors’ Requests for Information
Software audits can be intensely frustrating ordeals for businesses t......Navigating Microsoft License Verification Audits
Microsoft, like other software publishers, routinely audits customers to help ensure that it ......
Facing a IBM’s Standard Audit Clause is a Time Bomb
It is standard practice for software vendors to includ......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......Termination Clauses in IT Managed Services Contracts
Monthly recurring revenue and multi-year contracts have been the driving force behind......
Most businesses that ......Microsoft’s Auditors Are Not Infallible
Microsoft licensing is a complex, multi-faceted und......
The ri......Avoid Pitfalls When Deploying ILMT for IBM Software
IBM software is expensive. In some cases, very expensive. While this may r......
Ov......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......SQL Server Licensing Challenges in Hosting Environments
Microsoft does not make licensing SQL Server easy, either under SPLA or under volume licensing agre......
This pas......How to respond to a VMware Audit
Managing a complex IT environment very challenging, even before becoming involved in an ......Software Audits: Proving Ownership of Software Licenses
Often the single most arduous and time-consuming task facing companies who are the subject ......Avoid Mixed-Mode Microsoft Licensing Whenever Possible
Most Microsoft software products – especially server products – can be licensed un......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 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......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 How CIOs Should Prioritize and Resolve Multiple Software Audits
A software audit may come in many forms, ranging from an offer for ......Oracle ULAs Require Delicate Balancing
Many larger companies feel an understandable desire to move toward, centr......Settlement Structuring for IBM Audits
Software-compliance audits initiated by IBM can be extremely burdensome......Avoid Ambiguity in Microsoft Licensing Agreements
CTOs who have read Microsoft’s volume license agreements and product use r......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......A Chief Information Officer’s Guide to Mitigating Costs Amid Software Copyright Disputes and Audits
At this stage, if your company has not f......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......When Outside Counsel Is Worth the Cost: Software Copyright Infringement
Companies are sometimes fielding multip......Top Tips for Post-Audit Software Remediation
Responding to a software audit can be an arduous, expensive, and t......Software-Audit Compliance Demands Often Include “Fuzzy Math”
In defending against software audits initiated by publi......Negotiating Technology Contracts – Insurance Requirements
One of the most overlooked sections in a technology-related contract is the insurance section. Whether ......Don’t Short-Sheet the Internal Analysis in an IBM Audit
One of the most critical steps of any business faces in......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......BSA Informants: Disgruntled Employees
How to Protect Your Company against Copyright Infringement Claims by Disgruntled Employees Seeking a Reward
M......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......Beware the Convenient “Intent” of Software Publishers
Most software license agreements used by major publishers like Microsoft and IBM a......Superseding Audit Rights for Software Copyright Infringement: Settlement Agreements Versus Software License Agreements
Many software copyright infringement claims are resolve......What If I Discover Unlicensed IBM Software on My Servers?
Software license compliance is a task that typically requires constant vi......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......For SPLA Audits, When Historical Data is Missing, Creativity May Be Required
Most software audits pertaining to products licensed under perpetual licenses (such......Can a Software Publisher Force You to Audit Your Customers?
Many software-solution vendors utilize third-party infrastructure or a......Recent Developments in Autodesk Licensing and Audits, Part II
Many of our clients ask us questions after receiving an audit letter from......Products Liability and Kaseya’s Ransomware Attack
The recent ransomware attack involving Kaseya’s VSA product has left managed s......Costly Software Audit Mistakes
BSA | The Software Alliance (BSA) and the Software & Information Industry Assoc......Top Three Revisions to Request in Software License Audit Clauses
Large companies that invest heavily in software licensing are familiar with the extremely ......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......Kaseya Ransomware Attack: Does Negligence in Security Affect Liability?
Kaseya, a large technology solutions company, recently reported that its on-p......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......Burden of Proof in Copyright Infringement Matters
In a civil copyright infringement claim, many users of copyrighted material are surprised ......Licensing Non-Employees to Access Microsoft Products on Your Servers
Many businesses have teams of third-party vendors to assist with t......When to Buy vs. Uninstall in Software Audits
One of the most common mistakes I encounter in software audits is what I c......High-Level Data-Collection Strategies for Software Audits
In our experience, many companies facing software-licensing audits initiated by vendors like Microsoft, Oracle......Top Tips for Improving Outcomes for IT Transactions
Negotiating with software, SaaS and hosting vendors is a leverage game. Market leaders like Mic......Recent Developments in Autodesk Licensing and Audits, Part I
Autodesk introduced subscription plans in 2016 and shortly thereafter, began to phase out perpetual licenses......Litigation Risks of Ignoring Software Audits
Software audits are a means for software publishers to enforce an......Adobe Audit Demands Can Be Burdensome
Businesses contacted by Adobe for software audits can be lulled into thinking that ......Trust, But Verify with Third-Party Software Vendors
Enterprise-level software solutions often are very complex products requiring a level of expe......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 ......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......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 ......Top Three Ways to Sabotage Your Licensing Compliance Under SPLA
Microsoft’s Services Provider License Agreement (SPLA) is the principal licensing agre......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......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......Health Care Organizations Seeing Increased Audit Requests
During a global pandemic, health care organizations may have believed that they could focus solely o......Which is Better: Microsoft SPLA or Microsoft Self-Hosted Applications?
Many businesses that identify a need to acquire “commercial hosting rights” in connection with ......Disguised Software Audit Clauses
Agreements often contain clauses allowing the parties to review books and records......Software Audits: The Importance of Timely Completion of Post-Settlement Obligations
Software audits initiated by software publishers or representative entities,......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 ......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 ......Sweat the Small Stuff When Licensing Oracle Software
Enterprise-level software solutions often entail comple......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......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......Defending SPLA Audits: Critical First Steps
Many businesses contact Scott & Scott, LLP regarding Services P......Is It Time to Tear Up Your MSP Agreement?
You offer your clients managed services that help them run and gro......Negotiating Copyright Infringement Damages in Software Settlements with the BSA
The BSA | The Software Alliance (“the BSA”) investigates claims of software copyright infringe......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 ......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......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......Management’s ignorance is not a defense to copyright infringement claimssoft
Software publishers, acting alone, or t......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 ......Three Actions Oracle Customers Should Take at the End of a ULA
Of the many complex licensing arrangements Oracle offers to its customers, no......GDPR Enforcement: Be Proactive with Your Compliance Obligations
GDPR has been in effect fo......Brazilian Data Protection Law (“LGPD”) – How Does it Compare to GDPR?
Both Brazil and Europe have passed data protection laws......
......Do You Need a Microsoft Service Provider License (SPLA)?
If your business model involves hosting applications, websites or data, chances are that Microsoft w......The True Cost of Defending Against Copyright Infringement Litigation
Software publishers and entities like the BSA| The Software Alliance and the......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......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......
5
on Google,Jan 08, 2022
David
Excellent legal advice.
5on Google,Dec 29, 2021
Michael
Have used Scott & Scott on a number of different issues over the past few years. They are simply excellent. You would not go wrong using them for your legal needs.
5on BirdEye,Jul 20, 2021
Raymond
The Scott and Scott team were fantastic to work with. We wanted to revise our Agreements and streamline our contracting processes. Rob and his team were able to look over our current agreements, incorporate things that we felt were important in re writing the new documents. As well as add coverages for things that their years of expertise in this field have taught them that we overwise would not have thought of. I highly recommend. Thank you
5on Google,Dec 31, 2020
Bill
5on BirdEye,Aug 28, 2020
Chris Buchholtz, Sr. VP & Deputy General
Scott and Scott LLP was terrific in representing our interests in a complicated and time-consuming software audit. They have a wealth of experience with IT and software related issues, are responsive, and are strategic. Scott and Scott skillfully guided our company through every step of the process, including strategy, negotiation and a very favorable resolution. We can't recommend Scott and Scott more highly. If you are facing a software audit or something similar, hire them!
5on BirdEye,Jul 08, 2020
Jennifer
We recently reached out to Scott and Scott to help us get our MSP Contracts into order. They were extremely thorough and easy to work with. They were able to provide us with several very detailed contract documents that we were able to turn around and use to sign multi-year contracts. They answered all of our questions we had as well as handled all revisions we asked for. I will definitely call on them again as the need arises.
5on Google,Jul 01, 2020
Tom
Scott & Scott is very effective counsel for us. They’re knowledgeable, reliable & a true partner. We feel as if they are part of our company- our legal team.
5on BirdEye,Mar 04, 2020
Mauricio
We are at 25-year-old company that recently updated our legal protection with Scott and Scott LLP. Stephen help us through the whole process and choosing the right coverage for the products that we sell and service, furthermore it aligned itself with our insurance coverage to have a double protection. I recommend this to every service provider because the process is simple and the best way to protect yourself.
5on BirdEye,Feb 18, 2020
Greg
Scott & Scott has delivered legal counsel for our firm. We have been very happy with the services provided and trust the firm with all our legal needs. Very professional experience!! Extremely timely and complete. Great people!!!
5on BirdEye,Jan 10, 2020
Gary
Five Star advice and contracts, that can save your business from any future troubles.
5on Google,Jan 10, 2020
Dave
5on Google,Jan 09, 2020
Arianna
5on BirdEye,Jan 02, 2020
Clare
Scott and Scott recently provided our business group with assistance on two BSA audits. They shepherded us through the entire process and helped us figure out how to demonstrate full compliance and pay no penalties. I'm quite certain that this wouldn't have been the result without them. I can't recommend them highly enough.
5on Google,Dec 30, 2019
Dennis
Scott and Scott is a fantastic law firm. I've worked with hundreds of law firms over the years, and I don't believe there's firm with more knowledge or experience when it comes to software/IP law. Software audits and compliance requires more than just a knowledge of the law, it requires a deep understanding of the different software companies along with their approach and tactics. Scott and Scott know this field better than anyone; I highly recommend their firm.
5on BirdEye,Oct 10, 2019
Terry Geer
Scott & Scott recently assisted us in handling a MasterCam, Auto Desk, Solidworks, & Microsoft audit. Their personnel provided much needed expertise and professionalism in successfully resolving this audit. We would highly recommend Scott & Scott to assist you if you find yourself in a similar situation.
- IT professional services firm selects Scott & Scott, LLP to defend BSA audit.
- Finance Monthly - Spotlight Feature - Software Disputes - Lessons Learned in Over 500 Software License Disputes https://t.co/x6CLljuwxZ
- Can a Software Publisher Force You to Audit Your Customers? https://t.co/IROLBIuh21