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.
One of the first things I ask a prospective client is: What is the date on the initial letter you received from the BSA? The date on the initial in a BSA letter is often referred to as the Audit Effective Date. This date is important for many reasons. I like to tell my clients…
One of the most controversial tactics the BSA uses when calculating its settlement demands is its practice of unbundling software suites such as Microsoft Office and Adobe Creative Suite. Unbundling occurs when the target of a BSA audit is unable to provide acceptable proof of purchase for one or more installation of a software suite….
Preparing the BSA Audit Materials BSA | The Software Alliance’s primary enforcement tool is to send a threatening letter indicating that an investigation has commenced and offering to forego litigation if the target company provides a self-audit. A self-audit consists of a listing of all BSA member software running on a company’s computer networks, appropriate…
Many companies choose to pursue an internal audit of software systems after receiving a request from the Business Software Alliance (BSA). When it comes to deciding how to proceed with an audit, there are multiple considerations, including, but not limited to, the size of the company, amount of computers, type of software at issue, IT…
As the year comes to a close, many software publishers and trade associations with calendar year accounting are resolving as many outstanding software audits as possible. Companies currently engaged in a software audit may be able to negotiate favorable resolutions to their audit matters. The following are a few tips to reach an amicable resolution…
Wendy McMahone, CDWG, 11/20/215 With software makers such as IBM promising customers a licensing compliance review at least once every two years, undergoing a software audit isn’t a question of if, but of when. Robert Scott, managing partner of Scott & Scott, a Texas-based law firm specializing in software audits, says the risk of an…
CDW Whitepaper, 2013 Remarkably, only about 20 percent of organizations have a formal software management program in place, according to consulting firm Ernst & Young. And more than half continue to use spreadsheets to manage software licenses, according to the research firm Opinion Matters. Although technology professionals have long voiced concerns about the consequences of poor software license…
Robert J. Scott, The Licensing Journal, August 2012 Cooperate or litigate? That’s the question company executives must answer when software publishers claim that the company is violating the terms of its software licenses. In our experience, the best strategy depends on a variety of legal and business factors. This article discusses common software dispute resolution frameworks and concludes that a combined approach…
On January 12, 2012, the D.C. Court of Appeals held that the Software & Information Industry Association (SIIA) would not be required to disclose the name of one of its confidential informants in a civil case for defamation. Solers, Inc. had filed its lawsuit against a John Doe defendant for defamation after it resolved a…
