SIIA Audit Timeline

Rob Scott  Comments (0)
One of the top ten questions asked by my clients is “How long does the SIIA self-audit process take from start to finish?” Of course I give the standard lawyer answer: it depends. Here are the steps to a typical SIIA audit. Preparation of Audit Materials (3 to 6......

Unbundling Software Suites in SIIA Audits

Rob Scott  Comments (0)
One of the most controversial tactics the SIIA uses when calculating its settlement demands is its practice of unbundling software suites such as Microsoft Office and Adobe Creative Suite. Unbundling occurs when the target of a SIIA audit is unable to provide acceptable proo......

The Importance of “Audit Effective Date” in SIIA Audits

Rob Scott  Comments (0)
One of the first things I ask a prospective client is: What is the date on the initial letter you received from the SIIA? The date on the initial in a SIIA letter is often referred to as the Audit Effective Date. This date is important for many reasons. I like to tell my cli......

Suing the Informant in SIIA Audits

Rob Scott  Comments (0)
The targets of SIIA audits frequently believe that they know who reported them to the Software & Information Industry Association. Justifiably angry, they want to know what legal recourse they have against the informant. Because the informants are frequently out of work,......

Software Piracy

Rob Scott  Comments (0)
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......

Seeking Help for an SIIA Audit

Julie Machal-Fulks  Comments (0)
After receiving a request from the Software & Information Industry Association (“SIIA”), many companies choose to conduct an internal audit of software installed on their networks. There are multiple considerations regarding the strategy for conducting an audit, incl......

Proof of License in SIIA Software Audits

Keli Johnson Swan  Comments (0)
Like all audits, success in a SIIA software audit depends less on what you own and more on what you can prove that you own. Although not required by law, the SIIA takes the position that a target company is out of compliance for each installation of SIIA member software prod......

Preventing Bad Press Associated With SIIA Software Audits

Keli Johnson Swan  Comments (0)
The Software & Information Industry Association (“SIIA”) is an organization that pursues copyright infringement claims on behalf of many software publishers against companies it accuses of violating its members’ software license agreements. Although many companies ......

Making SIIA Settlements Affordable With Payment Terms

Keli Johnson Swan  Comments (0)
Legal fees and expenses can quickly add up defending against a Software & Information Industry Association (“SIIA”) audit and potential software copyright infringement claims. The SIIA typically demands a penalty based on some multiple of the MSRP of each product all......

Locating Entitlements for SIIA Software Audit

Julie Machal-Fulks  Comments (0)
Once the Software & Information Industry Association (“SIIA”) sends a letter to a company questioning the authenticity of software licensing status and demanding a self audit, it is very important to have proofs of purchase for the licenses in question. Unless a comp......

Cooperation or Litigation: SIIA Audit Strategy

Rob Scott  Comments (0)
If your company has received a letter from the SIIA requesting a software audit, you are probably wondering whether you should cooperate or tell the SIIA to pound sand. I advise my clients to cooperate but to do so in a manner that will not jeopardize their legal position in......

Software Compliance After BSA and SIIA Settlements

Christopher Barnett  Comments (0)
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......

When to Buy vs. Uninstall in SIIA Audits

Rob Scott  Comments (0)
One of the most common mistakes I encounter in SIIA audits is what I call the post-effective date software buying spree. The buying spree occurs in response to a letter from the SIIA’s attorneys requesting a self audit. Many clients are discouraged to learn that software p......

A New Definition of Software Piracy

Rob Scott  Comments (0)
What is software piracy? Like many politically charged phrases, the definition of software piracy is influenced by your financial interests and your viewpoint. The Software & Information Industry Association recognizes several types of piracy, including, softlifting (ins......