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When to Buy vs. Uninstall in Software Audits
One of the most common mistakes I encounter in software audits is what I call the post-effective date software buying spree. The buying spree occurs in response to a letter from a publisher or publisher's attorneys requesting a self audit. Many clients are discouraged to......
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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 face software compliance audits initiated by software publishers and their trade associations, such as BSA | The Software Alliance and the Software & Informati......
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Ignorance is Not a Defense to Copyright Infringement Claims
Software publishers, acting alone, or through a proxy such as the Business Software Alliance (“BSA”) or Software & Information Industry Association (“SIIA”), regularly audit customers or potential customers to ensure license compliance and deter against copyr......
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BSA / SIIA Audits and Software Publisher-Initiated Audits Differ in Important Ways
While the over-arching concept underlying a software audit initiated by a publisher like Microsoft or IBM is the same as that in an audit initiated by the BSA | The Software Alliance or the Software & Information Industry Association (SIIA) – a comparison of softwa......
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Negotiating Copyright Infringement Damages in Software Settlements with the BSA
The BSA | The Software Alliance (“the BSA”) investigates claims of software copyright infringement in behalf of its member software publishers to determine whether any companies end users have unlicensed software installed in violation of The Copyright Act.
The BS......
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Costly Software Audit Mistakes
BSA | The Software Alliance (BSA) and the Software & Information Industry Association (SIIA) are organizations that represent software publishers seeking to enforce the copyrights in the products they publish. In furtherance of this goal, these entities routinely send ......
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Superseding Audit Rights for Software Copyright Infringement: Settlement Agreements Versus Software License Agreements
Many software copyright infringement claims are resolved informally and often the terms are set forth in a settlement agreement. The critical terms in every settlement agreement purporting to resolve copyright infringement claims include the release of liability, confide......
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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 Southlake, Texas. We represent companies accused of software piracy by industry trade groups such as the Business Software Alliance and Software Information and Industry Associati......
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Avoid Overpaying for Software Settlements
Most software audits initiated by the software publisher or a third party entity authorized to pursue copyright infringement claims on behalf of the software publishers, such as the BSA| The Software Alliance (“BSA”) or the Software & Industry Information Associa......
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Effective Dates in Software Audits are Critically Important
Businesses that receive software audit demand letters from auditing entities such as the BSA or SIIA, or from software companies like Autodesk or Microsoft, often contend they cleaned up their network after receipt of the letter and should be released from any further obli......
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Understanding Software License Agreements to Avoid BSA or SIIA Software Audits
Recent trends indicate that software publishers are increasingly initiating direct software audits instead of outsourcing the auditing process to entities such as the BSA | The Software Alliance (“BSA”) or Software & Information Industry Association (“SIIA”).......
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Audit Inspections: How to Proceed with Inspecting Computers for Software Installations
BSA | The Software Alliance (BSA) is an organization that represents software companies and prosecutes alleged unlicensed use of those member companies’ software products. The BSA generally initially sends a company a letter indicating the company may be out of complia......
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What I Learned in the Last 10 Years Defending BSA | The Software Alliance Audits
I am an intellectual property attorney in Southlake, Texas who has handled more than 230 Business Software Alliance audit matters for small to medium-sized companies. For the last ten years, I have been representing end-user companies nationally in software audit matters......
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How to Resolve an SIIA Audit Followed by a BSA Audit
Sometimes a company receives notices of audits from many publishers or trade associations at the same time. Often this is because multiple agencies have received confidential reports from the same informant. If a current or previous employee contacts both the Software &a......
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Unpleasant Surprises in BSA & SIIA Software Audits
Many companies who comply with a demand by a software publisher or industry association (such as the BSA or the SIIA) for an internal software audit end up facing significant settlement demands after forwarding their audit materials to the other side. One of the reasons ......
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Is it Possible to Short-Circuit a BSA or SIIA Software Audit?
[caption id="attachment_4770" align="alignnone" width="608"] Can a BSA | The Software Alliance or SIIA Audit be Short Circuited?[/caption]
Companies react in different ways after receiving a letter from the Business Software Alliance (BSA) or the Software & ......
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BSA Software Audit Updates: Membership Changes and Impact on Audits
BSA| The Software Alliance (the “BSA”) is an organization that acts on behalf of software publishers to enforce copyrights. The membership of the organization may undergo changes, which can impact an existing software audit if a member leaves during the course of the a......
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Software Piracy
Software piracy audits conducted by the BSA and the SIIA threaten small and medium sized businesses. As the economy tightens, software publishers such as Microsoft, Adobe, and Autodesk hide behind software piracy enforcement groups to pursue customers accused of installing m......
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Important Tips for Resolving an SIIA Audit During or Immediately After a BSA Audit
Sometimes a company receives notices of audits from many publishers or trade associations at the same time. Often this is because multiple agencies have received confidential reports from the same informant. If a current or previous employee contacts both the Software & ......
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Software Compliance After BSA and SIIA Settlements
Your business has just finished spending the last year of its corporate life responding to a software audit demanded by the Business Software Alliance (BSA) or the Software &Information Industry Association (SIIA). It has devoted substantial time and internal resources i......
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Compliance Documentation After BSA and SIIA Settlements – Three Top Tips
In a previous post, I introduced the concept of post-settlement compliance following the settlement of audits initiated by the Business Software Alliance (BSA) and the Software & Information Industry Association (SIIA). As noted before, the first step to completing the c......
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Black Friday for Software Copyright Infringement Settlements
As the year comes to a close, many software publishers and trade associations with calendar year accounting are resolving as many outstanding software audits as possible. Companies currently engaged in a software audit may be able to negotiate favorable resolutions to their ......
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Courts May Refuse to Compel the BSA and SIIA to Identify Their Informants
On January 12, 2012, the D.C. Court of Appeals held that the Software & Information Industry Association (SIIA) would not be required to disclose the name of one of its confidential informants in a civil case for defamation. Solers, Inc. had filed its lawsuit against a J......
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Responding to an Audit from the BSA-The Software Alliance
If your company has received a letter from the BSA | The Software Alliance requesting a software audit, you are probably wondering whether you should cooperate or ignore the request. I have been handling BSA cases for almost a decade and advise my clients to cooperate but to......