202009.08
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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…

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

in Blogs

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??

in Blogs

“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…

201905.06
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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
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Client Access Issues in BSA Initiated Software Audits

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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…

201611.22
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Scott & Scott, LLP Has Years Of Successful Experience Defending Software Audits

in News

Scott & Scott is a business and technology law firm that helps businesses aggressively protect their intellectual property, understand and comply with applicable laws and regulations, litigate and resolve disputes, and consummate complicated business transactions. Below is our interview with Robert J. Scott, Managing Partner at Scott & Scott, LLP.

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.