201905.07
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Obtaining Payment Terms for BSA Settlement

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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…

201903.08
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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…

201902.07
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Avoid Overpaying for Software Settlements

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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…

201608.04
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Lessons Learned in Over 500 Software License Disputes

Finance Monthly – Spotlight Feature – Software Disputes, Robert Scott, July 2016 Regardless of whether the publisher is Microsoft, Adobe, Autodesk, Oracle, IBM or any of their trade groups including the BSA | The Software Alliance, Scott & Scott, LLP sees common issues – here are the most critical ones.