201905.01
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Can a Software Publisher Force You to Audit Your Customers?

Many software-solution vendors utilize third-party infrastructure or application programs as frameworks for embedded solutions that they sell to their customers and install on their customers’ computers. Licenses for those third-party products typically can be acquired by a vendor and passed to its customers pursuant to the terms of an Independent Software Vendor (ISV) or Original…

201904.23
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Accurate Inventory Information Crucial to Audit Outcome

Obvious though it may sound, in almost every software audit the most crucial element contributing to a positive outcome is an accurate inventory of what software is deployed. Unfortunately, far too many businesses faced with an audit end up receiving grossly over-inflated compliance-purchase demands, because the inventory data received by the auditors and used to…

201904.10
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Be Wary of Requests for Mystery Data

Software auditors such as KPMG, Deloitte and PriceWaterhouseCoopers like to have things their way. It’s an understandable impulse – with likely hundreds of audits pending at any one time, the natural inclination is to standardize the process around a single set of tools and processes with which the auditors are most familiar. However, those tools…

201903.07
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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 compliance with applicable software license agreements and demanding that the company investigate and inspect each…

201903.06
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BSA Informants: Disgruntled Employees

How to Protect Your Company against Copyright Infringement Claims by Disgruntled Employees Seeking a Reward In an effort to enforce the copyrights of its members, Business|The Software Alliance (“BSA”) offers the potential for monetary rewards to any informant that shares information related to software copyright infringement against a company.  Many of our clients are facing…

201903.05
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Litigation Risks of Ignoring Software Audits

Software audits are a means for software publishers to enforce and regulate use of their copyrighted software, and publishers regularly outsource enforcement of their copyrights to law firms or entities such as the BSA| The Software Alliance (“BSA”) or Software & Information Industry Association (“SIIA”). The BSA and SIIA often send a letter to targets…

201903.04
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Software Audits: The Importance of Timely Completion of Post-Settlement Obligations

Software audits initiated by software publishers or representative entities, such as the Business Software Alliance (“BSA”) and Software & Information Industry Association (“SIIA”), are often resolved by an out-of-court settlement. The carefully crafted settlement agreements release an audited company from liability, contingent on the following obligations: 1) The accuracy of the submitted audit results, 2) Payment of…

201903.01
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Top Tips for Post-Audit Software Remediation

Responding to a software audit can be an arduous, expensive, and time-consuming process for a company. The remediation process to close compliance gaps may vary slightly depending on whether the audit is initiated the software publisher itself or outsourced to an agency such as BSA| The Software Alliance (“BSA”) or the Software & Industry Information…

201902.28
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Software Audits: Securing a Release of Liability with Settlement

Software auditing entities, such as the Business Software Alliance and Software & Information Industry Association, typically set forth a complex set of requirements for software audits that can be confusing, time-consuming, and expensive. Many businesses faced with software audits are eager to resolve these matters, and choose to pay to settle out of court. Often…