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Category Archives: «Software Audits»

Voted "Technology Law Firm of the Year - USA" by Finance Monthly 2020

View Our Client Reviews
0501

Not All Software Audits Protected By Privilege

Keli Johnson Swan  Comments (0)
                 ......
3112

Do You Need a Microsoft Service Provider License (SPLA)?

Rob Scott  Comments (0)
If your business model involves hosting applications, websites or data, chances are that Microsoft w......
2912

Key Provisions in Software Settlement Agreements

Keli Johnson Swan  Comments (0)
The end of the year is a busy time for software publishers and entities like the BSA | The Software Al......
2212

The True Cost of Defending Against Copyright Infringement Litigation

Keli Johnson Swan  Comments (0)
Software publishers and entities like the BSA| The Software Alliance and the......
1512

Identifying Legitimate Software from Authorized Vendors to Avoid Copyright Infringement Claims

Keli Johnson Swan  Comments (0)
The International Data Corporation (“IDC”) reports that more than one-third of all softw......
1012

Know When to Say When in Response to Auditors’ Requests for Information

Christopher Barnett  Comments (0)
Software audits can be intensely frustrating ordeals for businesses t......
0312

How to Find the Best Lawyer for Your BSA Audit Case

Rob Scott  Comments (0)
I am a partner in Scott & Scott, LLP a firm that focuses on technology law matters in Southla......
1011

Autodesk Audits: The Importance of Serial Numbers

Julie Machal-Fulks  Comments (0)
In many software audits, the auditing entity like the Business Software Allia......
0111

Don’t Wait For a Settlement Demand to Hire an Attorney for Copyright Infringement

Keli Johnson Swan  Comments (0)
Software publishers have increasingly identified software audits as po......
2910

Autodesk Licensing Implications of Working from Home

Keli Johnson Swan  Comments (0)
The Covid-19 pandemic shifted entire non-essential indus......
2710

Don’t Forget to Raise Equitable Arguments in Software Audits

Christopher Barnett  Comments (0)
Most software audits eventually reach a point after all the deploy......
2210

In Microsoft Audits, Don’t Forget About True-Up Rights

Christopher Barnett  Comments (0)
Following the conclusion of a software audit, Microsoft’s standard practice is to require an audit......
2010

Be Wary of Audit Tools Promoted by Software Auditors

Christopher Barnett  Comments (0)
Most companies with more than a handful of computers in their IT environments rely on the re......
1510

VMware Licensing: Common Questions about Licensing Rules and Restrictions, Part II

Keli Johnson Swan  Comments (0)
Virtualization can reduce the number of physical machines required in an environment and have seve......
1310

Prioritizing and Resolving Multiple Software Audits

Keli Johnson Swan  Comments (0)
A software audit may come in many forms, ranging from an offer for a ......
0610

VMware Audits: What You Need to Know About Licensing Rules, Part I

Keli Johnson Swan  Comments (0)
It is not unusual for companies to use virtualization technologies to reduce costs, ensure redundancy, and reduc......
0110

How to Contend with Oracle’s Many Licensing Policies

Christopher Barnett  Comments (0)
It is common practice for software publishers to incorporate by reference vari......
2409

Can a Software Publisher Force You to Audit Your Customers?

Christopher Barnett  Comments (0)
Many software-solution vendors utilize third-party infrastructure or a......
2209

How to Protect Your Company in a Microsoft SPLA Self-Certification

Rob Scott  Comments (0)
If your company licenses products to third parties under the Microsoft Service Provider License Agreemen......
1609

Settlement Structuring for IBM Audits

Christopher Barnett  Comments (0)
Software-compliance audits initiated by IBM can be extremely burdensome......
1009

Timing is Key for Software Audit Settlements

Keli Johnson Swan  Comments (0)
More than 90 percent of software audits initiated by software publishers or representative entities, such......
0809

Avoid Overpaying for Software Settlements

Keli Johnson Swan  Comments (0)
Most software audits initiated by the software publisher or a third party entity author......
0409

Using an Oracle Server Worksheet to Respond to Oracle Licensing Inquiries

Julie Machal-Fulks  Comments (0)
If your business receives an inquiry from Oracle requesting that you complete an Oracle Server Workshe......
0209

Be Wary of Requests for Mystery Data

Christopher Barnett  Comments (0)
Software auditors such as KPMG, Deloitte and PriceWaterhouseCoopers like to have things their way. It’s an unders......
3108

Preparing for the Inevitable SPLA Audit

Rob Scott  Comments (0)
If your company uses a Microsoft Service Provider License Agreement (SPLA)—and it pr......
2608

Be Wary of All Factors Affecting Potential Exposure in Software Audits

Christopher Barnett  Comments (0)
Most businesses that try to plan for software audits and to estimate the potential exposure they co......
2108

Prevent Autodesk Business Disputes from Turning into an Audit

Keli Johnson Swan  Comments (0)
Autodesk sometimes reaches out to its customers to offer additional services, products, or upgrades......
1108

Accurate Inventory Information Crucial to Audit Outcome

Christopher Barnett  Comments (0)
Obvious though it may sound, in almost every software audit the most cruci......
0308

Software Audits: Proving Ownership of Software Licenses

Keli Johnson Swan  Comments (0)
Often the single most arduous and time-consuming task facing companies who are the subject ......
1707

Understanding the Scope of a Software Audit

Keli Johnson Swan  Comments (0)
Software publishers regularly audit their customers to help ensure that the customers......
1507

The Art of Negotiating a Software Audit

Rob Scott  Comments (0)
Almost every business today operates with the support of digital tools. One survey put t......
0907

Managing Audits to Prevent Unauthorized Disclosures by Technology Teams

Keli Johnson Swan  Comments (0)
Disputes involving software usage are on the rise for businesses of all sizes. In some cases, technical......
0707

License Ambiguities in Software Audits

Rob Scott  Comments (0)
Without a contractual provision to the contrary, a......
0107

When to Buy vs. Uninstall in Software Audits

Rob Scott  Comments (0)
One of the most common mistakes I encounter in software audits is what I c......
1006

Effective Dates in Software Audits are Critically Important

Rob Scott  Comments (0)
Businesses that receive software audit demand letters from auditing ......
0306

Fundamentals of Software Audit Data Collection – Virtualization Inventory

Christopher Barnett  Comments (0)
In order to effectively manage their software usage and to mitigate compliance exposure, com......
2005

Fundamentals of Software Audit Data Collection – Hardware Inventory

Christopher Barnett  Comments (0)
In order to effectively manage their software usage and to mitigate compliance exposure, companies......
1305

IBM Eliminates Sub-Capacity Licensing for Windows 2008 Servers

Julie Machal-Fulks  Comments (0)
Microsoft ......
0105

Key Components of Software Audit Response Policies

Christopher Barnett  Comments (0)
Software audits are significant legal and financial risks for all companies. Wit......
3004

How to Conduct a Software Audit

Christopher Barnett  Comments (0)
[caption id="attachment_5534" align="alignnone" width="614"] Fundamentals of Software Audit Data Collection[/caption]   ......
2104

Compliance Remains a Concern Even in the Cloud

Christopher Barnett  Comments (0)
For many......
2004

Top Three Tips to Ensure Software Compliance

Keli Johnson Swan  Comments (0)
Companies facing copyright infringement claims from soft......
1304

A Software Settlement Is Not Complete Until All Obligations Are Met

Keli Johnson Swan  Comments (0)
The majority of copyright infringement claims against consume......
0304

Understanding Software License Agreements to Avoid BSA or SIIA Software Audits

Keli Johnson Swan  Comments (0)
Recent trends indicate that software publishers are increasingly initiating direct software a......
2703

Copyright and Software Licensing Implications for Remote Work Force During Covid-19

Keli Johnson Swan  Comments (0)
In the recent years, companies have slowly been incorporating more options for its emplo......
2503

Attempts to Transfer Microsoft Licenses May be Ineffective

Rob Scott  Comments (0)
Like......
1203

Avoid Ambiguity in Microsoft Licensing Agreements

Christopher Barnett  Comments (0)
CTOs who have read Microsoft’s volume license agreements and product use r......
0703

Audit Inspections: How to Proceed with Inspecting Computers for Software Installations

Rob Scott  Comments (0)
BSA | The Software Alliance (BSA) is an organization that represents software companies and prosecutes alle......
0603

Unlimited License Agreements for Oracle Products

Julie Machal-Fulks  Comments (0)
Technology departments are continuously looking for ways to reduce costs related to software. Many larger enterp......
2802

Autodesk Audits: Managing Independent Contractors

Keli Johnson Swan  Comments (0)
Autodesk, Inc. uses a variety of resources to identify potential audit targ......
2102

Beware the Convenient “Intent” of Software Publishers

Christopher Barnett  Comments (0)
Most software license agreements used by major publishers like Microsoft and IBM are in many ways vague with ......
1102

What I Learned in the Last 10 Years Defending BSA | The Software Alliance Audits

Rob Scott  Comments (0)
I am an intellectual property attorney in Southlake, Texas who has handled more than 230 Business S......
2901

Burden of Proof in Copyright Infringement Matters

Keli Johnson Swan  Comments (0)
In a civil copyright infringement claim, many users of copyrighted material are surprised ......
0601

Copyright Infringement Defense: Know When to Consult Outside Counsel

Keli Johnson Swan  Comments (0)
Even though software audits are commonplace in many businesses, recipients of audit not......
1912

Important Tips for Resolving an SIIA Audit During or Immediately After a BSA Audit

Keli Johnson Swan  Comments (0)
Sometimes a company receives notices of audits from many publishers......
0512

Treat Audit Demands Like A Litigation Hold Letter

Keli Johnson Swan  Comments (0)
Software publishers are regularly auditing customers to ensure compliance with licen......
3110

Don’t Jeopardize Your Release of Liability! Complete post-settlement obligations

Keli Johnson Swan  Comments (0)
As software audits increasingly become a way for software publishers to increase revenue, it ......
2910

What is a Microsoft SPLA Verified Self-Audit?

Rob Scott  Comments (0)
If you provide commercial hosting services using Microsoft’s Service Provider Lice......
2410

Costly Software Audit Mistakes

Keli Johnson Swan  Comments (0)
2310

Seven Lessons I learned representing clients in Oracle Audits

Julie Machal-Fulks  Comments (0)
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

IBM Software Audits Complicated by Diverse License Types

Christopher Barnett  Comments (0)
Businesses that have endured software audits from industry groups like the BSA and the SIIA or from softw......
1010

Avoid Mixed-Mode Microsoft Licensing Whenever Possible

Christopher Barnett  Comments (0)
Most Microsoft software products – especially server products – can be licensed un......
0910

Autodesk Targets Architects In Software Audits

Keli Johnson Swan  Comments (0)
Autodesk routinely conducts software audits to determine whether businesses have unlic......
0210

Bad Advice That Can Get You Sued for Software Copyright Infringement

Keli Johnson Swan  Comments (0)
2609

One Easy, Preventative Step to Reduce Exposure in Autodesk Audits

Christopher Barnett  Comments (0)
1909

An Audit by Another Name: IBM’s new IASP Program

Julie Machal-Fulks  Comments (0)
This year, IBM announced that it was going to present certain customers with the opportunity to participate in its ne......
1809

Is Hosting Microsoft Products via Third Parties a Good Option?

Christopher Barnett  Comments (0)
Most providers of hosted software solutions traditionally have delivered those solutions over the Intern......
1709

Licensing Non-Employees to Access Microsoft Products on Your Servers

Christopher Barnett  Comments (0)
Many businesses have teams of third-party vendors to assist with t......
1209

Which is Better: Microsoft SPLA or Microsoft Self-Hosted Applications?

Christopher Barnett  Comments (0)
Many businesses that identify a need to acquire “commercial hosting rights” in connection with ......
1009

New Developments in Negotiating Copyright Infringement Damages in Software Settlements with the BSA

Keli Johnson Swan  Comments (0)
The BSA | The Software Alliance (“the BSA”) investigates claims of software copy......
0609

Defending SPLA Audits: Critical First Steps

Christopher Barnett  Comments (0)
Many businesses contact Scott & Scott, LLP regarding Services P......
0509

IBM’s Standard Audit Clause is a Time Bomb

Christopher Barnett  Comments (0)
It is standard practice for software vendors to include clauses in their license agreements giving the vendors the right......
2908

Be Wary of Certain ISV and Embedded Software Agreements

Christopher Barnett  Comments (0)
It is common for software solution providers to use third-party products to suppo......
2808

Oracle ULAs Require Delicate Balancing

Christopher Barnett  Comments (0)
Many larger companies feel an understandable desire to move toward, centr......
2608

Avoid Oracle ULA Termination Risks

Christopher Barnett  Comments (0)
Many software publishers recognize that perpetual licenses should be, true to their name......
2108

Sweat the Small Stuff When Licensing Oracle Software

Christopher Barnett  Comments (0)
Enterprise-level software solutions often entail complex licensing challen......
2008

Hosting Oracle Software Carries Risks

Christopher Barnett  Comments (0)
1508

Avoid Pitfalls When Deploying ILMT for IBM Software

Christopher Barnett  Comments (0)
IBM software is expensive. In some cases, very expensive. While this may rep......
1408

What If I Discover Unlicensed IBM Software on My Servers?

Christopher Barnett  Comments (0)
Software license compliance is a task that typically requires constant vigi......
1308

Don’t Short-Sheet the Internal Analysis in an IBM Audit

Christopher Barnett  Comments (0)
One of the most critical steps of any business faces in any software aud......
1208

When an Audit is Not an Audit, Think Twice About Participating

Christopher Barnett  Comments (0)
In the software licensing world, all audits are not created equal. On one hand are the “true,” co......
0708

Software Audit Risks – What Are the Chances Your Company will be Next?

Christopher Barnett  Comments (0)
There is a set of related questions our software-audit clients frequently ask us that boil down to vari......
0208

Don’t Take Your NDA for Granted During Software Audits

Christopher Barnett  Comments (0)
Many businesses expend far too little effort in securing appropriate non-disclosure agreements during softwar......
0108

Top Three Revisions to Request in Software License Audit Clauses

Keli Johnson Swan  Comments (0)
Large companies that invest heavily in software licensing are familiar with the extremely on......
3107

Releases of Liability as Part of Licensing Deals – How Hard to Push?

Christopher Barnett  Comments (0)
Software publishers know that the vast majority of their customers are, to varying degrees, out of ......
3007

Disguised Software Audit Clauses

Keli Johnson Swan  Comments (0)
Agreements often contain clauses allowing the parties to review books and records......
2907

Top Three Early Strategic Steps in Enterprise Software Audits

Christopher Barnett  Comments (0)
No one likes to be audited. In most cases, there is little that a business can do at the outset of a......
2507

Even in The Cloud – Keep an Eye on Software Licensing

Christopher Barnett  Comments (0)
There are many good reasons that businesses often cite in seeking to transition their IT operations to a vendor-deli......
2407

Trust, But Verify with Third-Party Software Vendors

Christopher Barnett  Comments (0)
Enterprise-level software solutions often are very complex products requiring a level of expe......
2307

Control Software Audit Disclosures By Keeping an Eye on the Audited Entity

Christopher Barnett  Comments (0)
In many cases where we are retained to assist companies targeted for software audits after software-deployment d......
1907

Effective Audit-Response Policies Can Be Vital in Responding to Software Audits

Christopher Barnett  Comments (0)
Businesses often have close relationships with software vendors, and tha......
1107

Software-Audit Compliance Demands Often Include “Fuzzy Math”

Christopher Barnett  Comments (0)
In defending against software audits initiated by publishers such a......
0207

Microsoft’s Auditors Are Not Infallible

Christopher Barnett  Comments (0)
0107

To SAM or Not to SAM? The Differences Between a Microsoft SAM Engagement and an Audit

Christopher Barnett  Comments (0)
2706

Consult with Counsel for SPLA Audits

Rob Scott  Comments (0)
2506

Microsoft SPLA Self-Assessment – What It Is, and How to Respond

Christopher Barnett  Comments (0)
Many of our clients contact us regarding notices they received from Microsoft requesting an internal self-a......
2006

SQL Server Licensing Challenges in Hosting Environments

Christopher Barnett  Comments (0)
Microsoft does not make licensing SQL Server easy, either under SPLA or under volume licensing agre......
1806

Be Cautious in Navigating Microsoft’s Forest of EA Documents

Christopher Barnett  Comments (0)
Companies with experience licensing Microsoft software and services through Enterprise Agreements know that small......
0306

Autodesk Audits: How to Effectively Scan Your Network and Prepare Accurate Results

Keli Johnson Swan  Comments (0)
Conducting a self-audit while facing potential copyright infringement claims from Autodesk or any other soft......
3005

Autodesk audits: How did Autodesk know to audit you and what to do now?

Keli Johnson Swan  Comments (0)
Facing a ......
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