Our Methodology
Scott & Scott, LLP has a proven track record of success representing companies fighting the SIIA. Our first step is to Evaluate the matter including conducting an extensive audit of your hardware and software infrastructure to gain a full appreciation of your situation. Based upon our evaluation, our lawyers usually encourage our clients to Cooperate with the Software & Information Industry Association by producing the results of a software audit. Once a settlement demand is made by the SIIA, we aggressively Negotiate every aspect of a proposed settlement. If an amicable resolution is not possible, our lawyers are experienced commercial litigators familiar with federal court practice and will aggressively Litigate your case in a court battle.
Evaluate
Before you can solve a legal problem, you have to evaluate it. In order to provide proper counsel for a SIIA audit, we start each engagement with a thorough evaluation of the IT infrastructure. Our audit technology provides comprehensive reports of your hardware network and all software titles that are running. We also conduct an on-site review of your software documentation including media, manuals, certificates of authenticity, end user license agreements, and proofs of purchase. We review and respond to any correspondence from the Software & Information Industry Association, letting it know that Scott & Scott, LLP has been retained as counsel and all future correspondence with your company should be directed to us.
Cooperate
After the situation has been fully assessed, we frequently advise our clients to cooperate with the Software & Information Industry Association by producing the results of an audit. In this phase, we assist you in preparing a comprehensive listing of all hardware on your network, the software being run, and applicable proofs of ownership for the Software & Information Industry Association’s review. Our reports comply with the Software Asset Management Guidelines promulgated by Microsoft to maximize your prospects of a favorable outcome.
Negotiate
Defending a SIIA audit, like other pre-litigation legal matters, frequently involves extensive negotiations. After reviewing the results of an audit, the Software & Information Industry Association routinely proposes a settlement involving exorbitant fines and other draconian non-monetary provisions. Our lawyers aggressively negotiate to substantially reduce the proposed fines and eliminate or soften other burdensome provisions. We work to eliminate SIIA-conducted audits of your business and the SIIA’s ability to disseminate embarrassing publicity about your company. Like all negotiations, this process is unique to your individual business and financial circumstances. Having a seasoned lawyer in your corner helps insure that your matter will be vigorously negotiated.
Litigate
In the event that a favorable settlement can’t be reached, the Software & Information Industry Association bears the burden of proving copyright infringement. Absent a settlement, it has to take the risk of pursuing the matter in court. Many of the legal theories are subject to dispute. Because most of its cases are resolved pre-litigation by agreement, the law governing software audit disputes is relatively undeveloped. Scott & Scott’s lawyers are ready, willing, and able to defend your company in court if that becomes necessary.
