202007.01
Off
0

When to Buy vs. Uninstall Software in BSA | The Software Alliance Audits

in Blogs

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…

201912.19
Off
0

Important Tips for Resolving an SIIA Audit During or Immediately After a BSA Audit

in Blogs

Sometimes a company receives notices of audits from many publishers or trade associations at the same time. Often this is because multiple agencies have received confidential reports from the same informant. If a current or previous employee contacts both the Software & Information Industry Association (“SIIA”) and BSA|The Software Alliance (“BSA”), the company may face…

201909.25
Off
1

Responding to an Audit from the BSA-The Software Alliance

in Blogs

If your company has received a letter from the BSA | The Software Alliance requesting a software audit, you are probably wondering whether you should cooperate or ignore the request. I have been handling BSA cases for almost a decade and advise my clients to cooperate but to do so in a manner that will…

201909.10
Off
0

New Developments in Negotiating Copyright Infringement Damages in Software Settlements with the BSA

in Blogs

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…

201905.06
Off
1

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…

201903.19
Off
0

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

in Blogs

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…

201903.12
Off
1

BSA Software Audit Updates: Membership Changes and Impact on Audits

in Blogs

BSA| The Software Alliance (the “BSA”) is an organization that acts on behalf of software publishers to enforce copyrights. The membership of the organization may undergo changes, which can impact an existing software audit if a member leaves during the course of the audit and the BSA no longer has power of attorney to enforce…

201708.11
Off
3

A New Definition of Software Piracy

in Blogs

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…

201701.18
Off
1

Compliance Documentation After BSA and SIIA Settlements – Three Top Tips

in Blogs

In a previous post, I introduced the concept of post-settlement compliance following the settlement of audits initiated by the Business Software Alliance (BSA) and the Software & Information Industry Association (SIIA). As noted before, the first step to completing the compliance review process is setting a baseline to determine what software is installed compared to…

201607.15
Off
0

Software Compliance After BSA and SIIA Settlements

in Blogs

Your business has just finished spending the last year of its corporate life responding to a software audit demanded by the Business Software Alliance (BSA) or the Software &Information Industry Association (SIIA). It has devoted substantial time and internal resources in an effort to gather an accurate inventory of software installations, together with all available…