A settlement agreement to resolve software copyright infringement claims is not the final word in obtaining a release of liability. There are a number of obligations triggered by the settlement agreement that cannot be ignored to avoid jeopardizing the release of liability. Businesses must create internal protocols for risk management, future software audits, license compliance,…
Shrinking IT budgets and fierce competition among software publishers have created explosive growth in the incidence and frequency of software audits – a mechanism by which software publishers investigate their customers to determine if they are in compliance with software licenses and copyright laws. In addition to developing internal enforcement operations, many publishers have engaged…
Because IBM products like WebSphere, DB2, Tivoli, Informix, and Lotus Notes are expensive, and companies cannot always easily or quickly verify compliance, companies are facing substantial unbudgeted financial risks associated with IBM licensing. For example, if a company is trying to license under IBM’s Sub-Capacity license rules and fails to adhere to all of the…
The General Data Protection Regulation (“GDPR”) is looming. GDPR becomes effective May 2018. For Managed Service Providers, the risks of non-compliance can range from up to €20 million to 4% of annual revenues. It’s imperative that Managed Service Providers know what is necessary in assessing their compliance obligations with GDPR. The goal of this webinar…
CAUCUS IT Procurement Summit, November 2017 As Microsoft and other major vendors emphasize their cloud offerings, the legal issues in enterprise agreements have shifted dramatically. The key issues in modern enterprise agreements are driven by privacy, security and regulatory compliance. Robert J. Scott discussed traditional and newly developed Microsoft licensing models, principal concerns about current…
The ITAM Review US Conference 2017 Software audits have become routine as publishers have proven that compliance claims get customers’ attention more than sales proposals. Most software license disputes are settled out of court, but what happens when you cannot negotiate a settlement with the publisher or one of its trade associations (BSA | The…
