201905.13
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The Cost of Confidentiality in a BSA Settlement

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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,…

201905.08
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Suing the Informant in BSA Audits

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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…

201905.06
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Life after a Software Audit: Keeping Settlement Confidential

in Blogs

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…

201903.15
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Cooperation or Litigation: BSA Audit Strategy

If your company has received a letter from the BSA requesting a software audit, you are probably wondering whether you should cooperate or tell the BSA to pound sand. I advise my clients to cooperate but to do so in a manner that will not jeopardize their legal position in the event that cooperation does…

201903.13
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Client Access Issues in BSA Initiated Software Audits

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Businesses targeted for software audits by the Business Software Alliance (BSA) often learn that the BSA typically extends the scope of its audit requests to more than just software products and often requests information regarding client access to server products. Before disclosing this information to the BSA, it is important for a targeted business to…

201903.07
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Audit Inspections: How to Proceed with Inspecting Computers for Software Installations

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BSA | The Software Alliance (BSA) is an organization that represents software companies and prosecutes alleged unlicensed use of those member companies’ software products.  The BSA generally initially sends a company a letter indicating the company may be out of compliance with applicable software license agreements and demanding that the company investigate and inspect each…

201901.23
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Effective Dates in Software Audits Are Critically Important

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Businesses that receive software audit demand letters from auditing entities such as the BSA or SIIA, or from software companies like Autodesk or Microsoft, often contend they cleaned up their network after receipt of the letter and should be released from any further obligation to conduct an audit or communicate with the auditor. Audited business…

201708.14
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11 Software Audit Best Practices

Robert J. Scott, Ground Report It is important to prepare in case a software vendor sends you an email or letter asking for an audit. Not being prepared ends up in loss of money and takes away time from productive work. This article gives you 11 very useful best practices on how to prepare for an…

201708.11
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A New Definition of Software Piracy

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A New Definition of Software Piracy What is software piracy? Like many politically charged phrases, the definition of software piracy is influenced by your financial interests and your viewpoint. The Business Software Alliance defines software piracy as: “The illegal use and/or distribution of software protected under intellectual property laws.” The Business Software Alliance specifically includes…

201611.22
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Scott & Scott, LLP Has Years Of Successful Experience Defending Software Audits

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Scott & Scott is a business and technology law firm that helps businesses aggressively protect their intellectual property, understand and comply with applicable laws and regulations, litigate and resolve disputes, and consummate complicated business transactions. Below is our interview with Robert J. Scott, Managing Partner at Scott & Scott, LLP.