201610.15
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Is it Possible to Short-Circuit a Software Audit?

Companies react in different ways after receiving a letter from the Business Software Alliance (BSA) or the Software & Information Industry Association (SIIA) demanding a software audit. Some ignore the letter, assuming it to be some kind of spam or marketing ploy. This is not advisable. Audit demands from the BSA and SIIA generally are…

201610.01
0

Life after a Software Audit: Keeping Settlement Confidential

The Business Software Alliance (BSA) is an organization that pursues copyright infringement claims on behalf of many software publishers against companies it accuses of violating its members’ software license agreements.  Because the cost of litigation in most cases outweighs the cost to settle out of court, the BSA often is able to force businesses to comply…

201609.15
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Most U.S. Businesses Should Co-Operate With BSA Audit Demands…To A Point

An article published by a U.K. business journal suggested that U.K. businesses should refuse to co-operate with demands by the Business Software Alliance (BSA) for information regarding BSA-member software installations and licenses. The article’s sources appear to base their suggestions on a combination of personal experience and, perhaps, assumptions about the BSA’s operating procedures in…

201609.01
0

Obtaining Payment Terms for BSA Settlement

Negotiating a settlement with the Business Software Alliance (“BSA”) to resolve a copyright infringement dispute over allegedly unlicensed software can be arduous and costly. The BSA typically demands a penalty based on some multiple of the MSRP of each product alleged to have been infringed, in addition to the BSA’s attorney’s fees and, usually, a…

201607.01
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Suing the Informant in BSA Audits

The targets of BSA audits frequently believe that they know who reported them to the Business Software Alliance. Justifiably angry, they want to know what legal recourse they have against the informant. Because the informants are frequently out of work, having been fired by the target, I advise my clients about the number one rule…

201606.01
0

The Cost of Confidentiality in a BSA Settlement

Part of negotiating a settlement for alleged software licensing violations with the Business Software Alliance (BSA) involves certain provisions that have far-reaching implications.  A key to understanding those provisions involves carefully reading and dissecting each subsection. Often, one of the most important provisions, aside from the sections resolving a company’s alleged liability for copyright infringement,…