202007.01
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When to Buy vs. Uninstall Software in BSA | The Software Alliance Audits

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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…

202004.03
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Understanding Software License Agreements to Avoid BSA or SIIA Software Audits

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Recent trends indicate that software publishers are increasingly initiating direct software audits instead of outsourcing the auditing process to entities such as the BSA | The Software Alliance (“BSA”) or Software & Information Industry Association (“SIIA”). However, the BSA and SIIA continue to actively target companies of all sizes to determine whether the company is…

201910.01
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What is the BSA | The Software Alliance’s Definition of Software Piracy??

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“Software piracy” is a favorite catch-phrase used by the Business Software Alliance (BSA) and the software companies it represents.  Most people understand software piracy to involve the intentional copying and, in many cases, distribution of copyrighted software to third parties without permission of the copyright owner.  Understandably, the term has extremely negative connotations, and most businesses will…

201905.17
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Unpleasant Surprises in BSA | The Business Software Alliance and SIIA Software Audits

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  Another way in which publishers or auditing entities raise the amount in controversy in software audits is the attempt to assess separate “fines” for each allegedly infringing installation of a software product. Thus, a company reporting just ten undocumented installations of Office Professional 2007, with no other licensing shortfalls, may receive a settlement offer…

201905.15
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Tracking Down Proofs of Purchase for Software Licenses

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When a company receives a letter from BSA | The Software Alliance questioning the authenticity of software licensing status and demanding an in-house audit, it is very important to have proofs of purchase for the licenses in question. Absent sufficient proof of purchase, the BSA will assume that the associated software installations are unlicensed and…

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

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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?

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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…

201902.14
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Superseding Audit Rights for Software Copyright Infringement: Settlement Agreements Versus Software License Agreements

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Many software copyright infringement claims are resolved informally and often the terms are set forth in a settlement agreement. The critical terms in every settlement agreement purporting to resolve copyright infringement claims include the release of liability, confidentiality, warranties and representations, monetary sums to be paid, and in cases of software, future auditing rights. Third-party…

201902.04
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11 Secrets to Defending BSA | The Software Alliance Audits

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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…