2504
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

1503
Microsoft licensing is a complex, multi-faceted und......
Microsoft’s Auditors Are Not Infallible

1101
Often the single most arduous and time-consuming task facing companies who are the subject ......
Software Audits: Proving Ownership of Software Licenses

1412
Software license agreements often contain clauses allowing the licensor to review books and records, “B......
General Counsel Should be Aware of Disguised Software Audit Clauses

1012
There is a growing trend for software publishers to keep software audits in......
Time Settlement Right for Software Audits

0312
A software audit may come in many forms, ranging from an offer for ......
How CIOs Should Prioritize and Resolve Multiple Software Audits

0211
Previously, I wrote an article about poor advice that can get you sued for co......
CIOs and CTOs: Bad Advice That Can Get You Sued for Software Copyright Infringement

2610
Companies are sometimes fielding multip......
When Outside Counsel Is Worth the Cost: Software Copyright Infringement

1210
In defending against software audits initiated by publi......
Software-Audit Compliance Demands Often Include “Fuzzy Math”

0710
One of the most critical steps of any business faces in......
Don’t Short-Sheet the Internal Analysis in an IBM Audit

2109
BSA Informants: Disgruntled Employees
How to Protect Your Company against Copyright Infringement Claims by Disgruntled Employees Seeking a Reward

2907
BSA | The Software Alliance (BSA) and the Software & Information Industry Assoc......
Costly Software Audit Mistakes

2307
Large companies that invest heavily in software licensing are familiar with the extremely ......
Top Three Revisions to Request in Software License Audit Clauses

2007
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?

2406
One of the most common mistakes I encounter in software audits is what I c......
When to Buy vs. Uninstall in Software Audits

2206
In our experience, many companies facing software-licensing audits initiated by vendors like Microsoft, Oracle......
High-Level Data-Collection Strategies for Software Audits

1006
Software audits are a means for software publishers to enforce an......
Litigation Risks of Ignoring Software Audits

1905
Businesses often have close relationships with software vendors, and that closeness usually is ......
Effective Audit-Response Policies Can Be Vital in Responding to Software Audits

3003
Agreements often contain clauses allowing the parties to review books and records......
Disguised Software Audit Clauses

2503
Software audits initiated by software publishers or representative entities,......
Software Audits: The Importance of Timely Completion of Post-Settlement Obligations

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?

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

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

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.

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

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

2201
Software publishers, acting alone, or t......
Management’s ignorance is not a defense to copyright infringement claimssoft

1012
Software audits can be intensely frustrating ordeals for businesses t......
Know When to Say When in Response to Auditors’ Requests for Information

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

0111
Software publishers have increasingly identified software audits as po......
Don’t Wait For a Settlement Demand to Hire an Attorney for Copyright Infringement

2910
The Covid-19 pandemic shifted entire non-essential indus......
Autodesk Licensing Implications of Working from Home

2710
Most software audits eventually reach a point after all the deploy......
Don’t Forget to Raise Equitable Arguments in Software Audits

1009
More than 90 percent of software audits initiated by software publishers or representative entities, such......
Timing is Key for Software Audit Settlements

1108
Obvious though it may sound, in almost every software audit the most cruci......
Accurate Inventory Information Crucial to Audit Outcome

1707
Software publishers regularly audit their customers to help ensure that the customers......
Understanding the Scope of a Software Audit

1507
Almost every business today operates with the support of digital tools. One survey put t......
The Art of Negotiating a Software Audit

0707
Without a contractual provision to the contrary, a......
License Ambiguities in Software Audits

1006
Businesses that receive software audit demand letters from auditing ......
Effective Dates in Software Audits are Critically Important

2005
In order to effectively manage their software usage and to mitigate compliance exposure, companies......
Fundamentals of Software Audit Data Collection – Hardware Inventory

0105
Software audits are significant legal and financial risks for all companies. Wit......
Key Components of Software Audit Response Policies

3004
How to Conduct a Software Audit
[caption id="attachment_5534" align="alignnone" width="614"]
Fundamentals of Software Audit Data Collection[/caption]
......

2004
Companies facing copyright infringement claims from soft......
Top Three Tips to Ensure Software Compliance

1304
The majority of copyright infringement claims against consume......
A Software Settlement Is Not Complete Until All Obligations Are Met

0304
Recent trends indicate that software publishers are increasingly initiating direct software a......
Understanding Software License Agreements to Avoid BSA or SIIA Software Audits

1912
Sometimes a company receives notices of audits from many publishers......
How to Resolve an SIIA Audit Followed by a BSA Audit

0512
Software publishers are regularly auditing customers to ensure compliance with licen......
Treat Audit Demands Like A Litigation Hold Letter

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

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

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

1705
Many companies who comply with a demand by a software publisher or industry associat......
Unpleasant Surprises in BSA & SIIA Software Audits

1903
Is it Possible to Short-Circuit a BSA or SIIA Software Audit?
[caption id="attachment_4770" align="alignnone" width="608"]
Can a BSA | The Software Alliance or SIIA Audit be Short Circuited?[/caption]
......

2802
Software auditing entities, such as the Business Software Alliance and Software & Information Indu......
Software Audits: Securing a Release of Liability with Settlement

0602
Modern financial history is chock full of embarrassing audit scandals, which caused execu......
Responding to the Dreaded Software Audit

0604
Software Piracy
Software piracy audits conducted by the BSA and the SIIA threaten small and medium sized businesses. As the economy tightens, software publishers such as Microsoft, Adobe, and Autodesk hide behind software piracy enforcement groups to pursue customers accused of installing m......
2402
Be Mindful of Historical Usage When Licensing Microsoft Products Under SPLA
The Services Provider License Agreement (SPLA) is Microsoft’s preferred licensing option for businesses wanting to use Microsoft products in support of hosted software solutions made available to end users over the Internet. For many companies, SPLA is a good fit, in that ......
2302
SPLA-Audit Exposure Difficult to Estimate
One of the first steps we typically recommend to businesses facing software audits from any source is to try to estimate the financial exposure related to those audits. Doing so allows a company to allocate its resources more efficiently and to set aside reserves or make oth......
2302
Microsoft Certificates of Authenticity May Not Constitute Proof of Licensing
The Business Software Alliance (“BSA”) and Software Industry & Information Association (“SIIA”) work on behalf of their members (the lists of which include Microsoft (for the BSA), Adobe, and Autodesk, among others) to enforce copyrights and the terms of end user......
1802
Software Compliance After BSA and SIIA Settlements
Your business has just finished spending the last year of its corporate life responding to a software audit demanded by the Business Software Alliance (BSA) or the Software &Information Industry Association (SIIA). It has devoted substantial time and internal resources i......
1802
Compliance Documentation After BSA and SIIA Settlements – Three Top Tips
In a previous post, I introduced the concept of post-settlement compliance following the settlement of audits initiated by the Business Software Alliance (BSA) and the Software & Information Industry Association (SIIA). As noted before, the first step to completing the c......
1802
Software Audits: Surviving Settlement
Software auditing entities, such as the Business Software Alliance (“BSA”) and Software & Information Industry Association (“SIIA”), initiate software audits of businesses that more often than not result in a settlement agreed to and negotiated by both parties. I......
0601
Varicent Customers Should Plan for Audits by IBM
In April 2012, IBM announced that it had reached an agreement to acquire Varicent Software, Inc., an Ontario-based publisher of analytics software for compensation and sales performance management. According to the announcement, Varicent’s customers include Starwood Hotels......
3001
Courts May Refuse to Compel the BSA and SIIA to Identify Their Informants
On January 12, 2012, the D.C. Court of Appeals held that the Software & Information Industry Association (SIIA) would not be required to disclose the name of one of its confidential informants in a civil case for defamation. Solers, Inc. had filed its lawsuit against a J......
2111
Responding to an Audit from the BSA-The Software Alliance
If your company has received a letter from the BSA | The Software Alliance requesting a software audit, you are probably wondering whether you should cooperate or ignore the request. I have been handling BSA cases for almost a decade and advise my clients to cooperate but to......



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