Companies are sometimes fielding multiple software audit demands from multiple software vendors simultaneously, which can significantly impact in-house counsel. Software audits may be initiated by publishers or through outside entities such as BSA | The Software Alliance. Audits initiated directly from a software publisher are sometimes presented as a sales offer from the compliance team,…
How to Protect Your Company Against Copyright Infringement Claims by Disgruntled Employees Seeking a Reward In an effort to enforce the copyrights of its members, Business | The Software Alliance (“BSA”) offers the potential for monetary rewards to any informant that shares information related to software copyright infringement against a company. Many of our clients…
One of the most common mistakes I encounter in BSA audits is what I call the post-effective date software buying spree. The buying spree occurs in response to a letter from the BSA’s attorney’s requesting a self audit. Many clients are discouraged to learn that software purchases made after the date of the BSA’s initial…
One of the top ten questions asked by my clients is “How long does the BSA self-audit process take from start to finish?” Of course I give the standard lawyer answer: it depends. Here are the steps to a typical BSA audit. Preparation of Audit Materials (3 to 6 months) A BSA audit is a…
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…
While the over-arching concept underlying a software audit initiated by a publisher like Microsoft or IBM is the same as that in an audit initiated by the BSA | The Software Alliance or the Software & Information Industry Association (SIIA) – a comparison of software entitlements to software deployments in an effort to identify any…
The BSA | The Software Alliance (“the BSA”) investigates claims of software copyright infringement behalf of its member software publishers to determine whether any companies end users have unlicensed software installed in violation of The Copyright Act. The BSA has been granted a power of attorney to pursue claims relating to copyright infringement on behalf…
Don’t be in the dark on how to prepare and respond to software audits. An increasing number of companies face software audits initiated by software publishers and their trade associations, such as BSA | The Software Alliance and the Software & Information Industry Association. Most companies are totally unprepared; many underestimate their exposure and are…
Software publishers, acting alone, or through a proxy such as the Business Software Alliance (“BSA”) or Software & Information Industry Association (“SIIA”), regularly audit customers or potential customers to ensure license compliance and deter against copyright infringement. For mid-sized or larger companies that employ an in-house or external IT resource to manage software purchases and…
I am a partner in Scott & Scott, LLP a firm that focuses on technology law matters in Southlake, Texas. We represent companies accused of software piracy by industry trade groups such as the Business Software Alliance and Software Information and Industry Association. I had my first encounter with the BSA in 2004 when they…
