202105.04
Off
4

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…

202103.04
Off
2

Obtaining Payment Terms for BSA Settlements

in Blogs

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…

202012.03
Off
2

How to Find the Best Lawyer for Your BSA Audit Case

in Blogs

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…

202011.03
Off
2

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

in Blogs

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…

202009.08
Off
8

Avoid Overpaying for Software Settlements

in Blogs

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…

201905.20
Off
3

BSA Pursues Software Audits Despite Questionable Information from Informants

in Blogs

The Business Software Alliance (BSA) regularly targets small-to-medium sized businesses for expensive software audits to determine whether those businesses are in compliance with their BSA-member software licenses. In furtherance of that effort, the BSA offers cash rewards to disgruntled current or former employees who provide information about allegedly unlicensed software installed on their employers’ computers….

201905.10
Off
1

Resolution of Liability in BSA Settlement Agreements

in Blogs

The Business Software Alliance (BSA) hunts down and audits companies when it receives information that those companies may have software products that are not properly licensed. If a company audited by the BSA is found to have more installations of software products than is reflected in its licensing documentation, it is generally more cost effective…

201905.06
Off
2

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…

201903.13
Off
2

Client Access Issues in BSA Initiated Software Audits

in Blogs

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…