The Business Software Alliance’s primary enforcement tool is to send a threatening letter indicating that an investigation has commenced and offering to forego litigation if the target company provides a self-audit. A self-audit consists of a listing of all BSA member software running on a company’s computer networks, appropriate indicia of ownership for the software (including copies of media and manuals) and dated proofs of purchase for each title. It is important to note that companies are usually under no legal obligation to cooperate with the Business Software Alliance. In most instances, however, cooperation will yield the most cost effective resolution. But, that is not necessarily always the case.
It is very important to engage an attorney experienced in fighting the BSA before any documents are produced. Once produced, the documents can and will be used by the BSA to leverage its legal position when negotiating fines or pursuing litigation.
The BSA Defense lawyers at Scott & Scott, LLP have the legal and technical experience to assist you with your BSA Audit as the first step in minimizing your company’s exposure to fines.
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