0104
Many businesses that identify a need to acquire “commercial hosting rights” in connection with ......
Which is Better: Microsoft SPLA or Microsoft Self-Hosted Applications?
Many businesses that identify a need to acquire “commercial hosting rights” in connection with ......
3003
Agreements often contain clauses allowing the parties to review books and records......
Disguised Software Audit Clauses
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2503
Software audits initiated by software publishers or representative entities,......
Software Audits: The Importance of Timely Completion of Post-Settlement Obligations
Software audits initiated by software publishers or representative entities,......
1603
Software publishers know that the vast majority of their customers are, to varying degrees, out of ......
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 ......
1103
Each of the major software publishers has one or two tricks up its sleeve – tricks that often ......
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 ......
0903
Enterprise-level software solutions often entail comple......
Sweat the Small Stuff When Licensing Oracle Software
Enterprise-level software solutions often entail comple......
0203
It has been said that software is the new oil. It fuels the information revolution. And i......
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......
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
In the software licensing world, all audits are not created equal.
On one hand are the “true,” co......
1602
Many businesses contact Scott & Scott, LLP regarding Services P......
Defending SPLA Audits: Critical First Steps
Many businesses contact Scott & Scott, LLP regarding Services P......
0902
The BSA | The Software Alliance (“the BSA”) investigates claims of software copyright infringe......
Negotiating Copyright Infringement Damages in Software Settlements with the BSA
The BSA | The Software Alliance (“the BSA”) investigates claims of software copyright infringe......
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.
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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
Many businesses expend far too little effort in securing appropriate non-disclosure agreements during softwar......
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
In many cases where we are retained to assist companies targeted for software audits after software-deployment d......
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
Of the many complex licensing arrangements Oracle offers to its customers, no......
......
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)?
If your business model involves hosting applications, websites or data, chances are that Microsoft w......
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
The end of the year is a busy time for software publishers and entities like the BSA | The Software Al......
2212
Software publishers and entities like the BSA| The Software Alliance and the......
The True Cost of Defending Against Copyright Infringement Litigation
Software publishers and entities like the BSA| The Software Alliance and the......
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
The International Data Corporation (“IDC”) reports that more than one-third of all softw......
1012
Software audits can be intensely frustrating ordeals for businesses t......
Know When to Say When in Response to Auditors’ Requests for Information
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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
I am a partner in Scott & Scott, LLP a firm that focuses on technology law matters in Southla......
1011
In many software audits, the auditing entity like the Business Software Allia......
Autodesk Audits: The Importance of Serial Numbers
In many software audits, the auditing entity like the Business Software Allia......
0111
Software publishers have increasingly identified software audits as po......
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Software publishers have increasingly identified software audits as po......
2910
The Covid-19 pandemic shifted entire non-essential indus......
Autodesk Licensing Implications of Working from Home
The Covid-19 pandemic shifted entire non-essential indus......
2710
Most software audits eventually reach a point after all the deploy......
Don’t Forget to Raise Equitable Arguments in Software Audits
Most software audits eventually reach a point after all the deploy......
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
Following the conclusion of a software audit, Microsoft’s standard practice is to require an audit......
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
Most companies with more than a handful of computers in their IT environments rely on the re......
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
Virtualization can reduce the number of physical machines required in an environment and have seve......
1310
A software audit may come in many forms, ranging from an offer for a ......
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A software audit may come in many forms, ranging from an offer for a ......
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
It is not unusual for companies to use virtualization technologies to reduce costs, ensure redundancy, and reduc......
0110
It is common practice for software publishers to incorporate by reference vari......
How to Contend with Oracle’s Many Licensing Policies
It is common practice for software publishers to incorporate by reference vari......
2409
Many software-solution vendors utilize third-party infrastructure or a......
Can a Software Publisher Force You to Audit Your Customers?
Many software-solution vendors utilize third-party infrastructure or a......
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
If your company licenses products to third parties under the Microsoft Service Provider License Agreemen......
1609
Software-compliance audits initiated by IBM can be extremely burdensome......
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1009
More than 90 percent of software audits initiated by software publishers or representative entities, such......
Timing is Key for Software Audit Settlements
More than 90 percent of software audits initiated by software publishers or representative entities, such......
0809
Most software audits initiated by the software publisher or a third party entity author......
Avoid Overpaying for Software Settlements
Most software audits initiated by the software publisher or a third party entity author......
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
If your business receives an inquiry from Oracle requesting that you complete an Oracle Server Workshe......
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
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3108
If your company uses a Microsoft Service Provider License Agreement (SPLA)—and it pr......
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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
Most businesses that try to plan for software audits and to estimate the potential exposure they co......
2108
Autodesk sometimes reaches out to its customers to offer additional services, products, or upgrades......
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1108
Obvious though it may sound, in almost every software audit the most cruci......
Accurate Inventory Information Crucial to Audit Outcome
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0308
Often the single most arduous and time-consuming task facing companies who are the subject ......
Software Audits: Proving Ownership of Software Licenses
Often the single most arduous and time-consuming task facing companies who are the subject ......
1707
Software publishers regularly audit their customers to help ensure that the customers......
Understanding the Scope of a Software Audit
Software publishers regularly audit their customers to help ensure that the customers......
1507
Almost every business today operates with the support of digital tools. One survey put t......
The Art of Negotiating a Software Audit
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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
Disputes involving software usage are on the rise for businesses of all sizes. In some cases, technical......
0707
Without a contractual provision to the contrary, a......
License Ambiguities in Software Audits
Without a contractual provision to the contrary, a......
0107
One of the most common mistakes I encounter in software audits is what I c......
When to Buy vs. Uninstall in Software Audits
One of the most common mistakes I encounter in software audits is what I c......
1006
Businesses that receive software audit demand letters from auditing ......
Effective Dates in Software Audits are Critically Important
Businesses that receive software audit demand letters from auditing ......
0306
In order to effectively manage their software usage and to mitigate compliance exposure, com......
Fundamentals of Software Audit Data Collection – Virtualization Inventory
In order to effectively manage their software usage and to mitigate compliance exposure, com......
2005
In order to effectively manage their software usage and to mitigate compliance exposure, companies......
Fundamentals of Software Audit Data Collection – Hardware Inventory
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Microsoft ......
0105
Software audits are significant legal and financial risks for all companies. Wit......
Key Components of Software Audit Response Policies
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3004
How to Conduct a Software Audit
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Fundamentals of Software Audit Data Collection[/caption]
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......
For many......
2004
Companies facing copyright infringement claims from soft......
Top Three Tips to Ensure Software Compliance
Companies facing copyright infringement claims from soft......
1304
The majority of copyright infringement claims against consume......
A Software Settlement Is Not Complete Until All Obligations Are Met
The majority of copyright infringement claims against consume......
0304
Recent trends indicate that software publishers are increasingly initiating direct software a......
Understanding Software License Agreements to Avoid BSA or SIIA Software Audits
Recent trends indicate that software publishers are increasingly initiating direct software a......
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
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1203
CTOs who have read Microsoft’s volume license agreements and product use r......
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CTOs who have read Microsoft’s volume license agreements and product use r......
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
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0603
Technology departments are continuously looking for ways to reduce costs related to software. Many larger enterp......
Unlimited License Agreements for Oracle Products
Technology departments are continuously looking for ways to reduce costs related to software. Many larger enterp......
2802
Autodesk, Inc. uses a variety of resources to identify potential audit targ......
Autodesk Audits: Managing Independent Contractors
Autodesk, Inc. uses a variety of resources to identify potential audit targ......
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
Most software license agreements used by major publishers like Microsoft and IBM are in many ways vague with ......
1102
I am an intellectual property attorney in Southlake, Texas who has handled more than 230 Business S......
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2901
In a civil copyright infringement claim, many users of copyrighted material are surprised ......
Burden of Proof in Copyright Infringement Matters
In a civil copyright infringement claim, many users of copyrighted material are surprised ......
0601
Even though software audits are commonplace in many businesses, recipients of audit not......
Copyright Infringement Defense: Know When to Consult Outside Counsel
Even though software audits are commonplace in many businesses, recipients of audit not......
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
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0512
Software publishers are regularly auditing customers to ensure compliance with licen......
Treat Audit Demands Like A Litigation Hold Letter
Software publishers are regularly auditing customers to ensure compliance with licen......
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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2910
If you provide commercial hosting services using Microsoft’s Service Provider Lice......
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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
Businesses that have endured software audits from industry groups like the BSA and the SIIA or from softw......
1010
Most Microsoft software products – especially server products – can be licensed un......
Avoid Mixed-Mode Microsoft Licensing Whenever Possible
Most Microsoft software products – especially server products – can be licensed un......
0910
Autodesk routinely conducts software audits to determine whether businesses have unlic......
Autodesk Targets Architects In Software Audits
Autodesk routinely conducts software audits to determine whether businesses have unlic......
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
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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?
Most providers of hosted software solutions traditionally have delivered those solutions over the Intern......
1709
Many businesses have teams of third-party vendors to assist with t......
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Many businesses have teams of third-party vendors to assist with t......
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
It is standard practice for software vendors to include clauses in their license agreements giving the vendors the right......
2908
It is common for software solution providers to use third-party products to suppo......
Be Wary of Certain ISV and Embedded Software Agreements
It is common for software solution providers to use third-party products to suppo......
2808
Many larger companies feel an understandable desire to move toward, centr......
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2608
Many software publishers recognize that perpetual licenses should be, true to their name......
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Many software publishers recognize that perpetual licenses should be, true to their name......
2008
The software-as-a-service (SaaS) solution-delivery model is becoming more and more widespread. Developers of......
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The software-as-a-service (SaaS) solution-delivery model is becoming more and more widespread. Developers of......
1508
IBM software is expensive. In some cases, very expensive. While this may rep......
Avoid Pitfalls When Deploying ILMT for IBM Software
IBM software is expensive. In some cases, very expensive. While this may rep......
1408
Software license compliance is a task that typically requires constant vigi......
What If I Discover Unlicensed IBM Software on My Servers?
Software license compliance is a task that typically requires constant vigi......
1308
One of the most critical steps of any business faces in any software aud......
Don’t Short-Sheet the Internal Analysis in an IBM Audit
One of the most critical steps of any business faces in any software aud......
0708
There is a set of related questions our software-audit clients frequently ask us that boil down to vari......
Software Audit Risks – What Are the Chances Your Company will be Next?
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0108
Large companies that invest heavily in software licensing are familiar with the extremely on......
Top Three Revisions to Request in Software License Audit Clauses
Large companies that invest heavily in software licensing are familiar with the extremely on......
2907
No one likes to be audited. In most cases, there is little that a business can do at the outset of a......
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......
2507
There are many good reasons that businesses often cite in seeking to transition their IT operations to a vendor-deli......
Even in The Cloud – Keep an Eye on Software Licensing
There are many good reasons that businesses often cite in seeking to transition their IT operations to a vendor-deli......
2407
Enterprise-level software solutions often are very complex products requiring a level of expe......
Trust, But Verify with Third-Party Software Vendors
Enterprise-level software solutions often are very complex products requiring a level of expe......
1907
Businesses often have close relationships with software vendors, and tha......
Effective Audit-Response Policies Can Be Vital in Responding to Software Audits
Businesses often have close relationships with software vendors, and tha......
1107
In defending against software audits initiated by publishers such a......
Software-Audit Compliance Demands Often Include “Fuzzy Math”
In defending against software audits initiated by publishers such a......
0207
Microsoft licensing is a complex, multi-faceted undertaking, with ......
Microsoft’s Auditors Are Not Infallible
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