201904.02
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Five Secrets to Understanding the Business Software Alliance’s Audit Procedures

BSA| The Software Alliance (“BSA”) is an organization that investigates copyright infringement claims on behalf of software publishers such as Adobe, Autodesk, Microsoft, CNC, and Parametric Technology Corporation. The process for software audits can be tricky, time consuming, and confusing. The BSA has a very specific process that audit targets are expected to follow. Following…

201903.19
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Is it Possible to Short-Circuit a BSA 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…

201903.15
4

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
1

Client Access Issues in BSA Initiated Software Audits

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…

201903.08
2

BSA Audit Timeline

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…

201903.07
1

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

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…

201903.06
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BSA Informants: Disgruntled Employees

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 are facing…

201902.07
2

Avoid Overpaying for Software Settlements

Most software audits initiated by the software publisher or a third party entity authorized to pursue copyright infringement claims on behalf of the software publishers, such as the BSA| The Software Alliance (“BSA”) or the Software & Industry Information Association (“SIIA”), are resolved outside of a courtroom.  Many of the settlements require payment of a…