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…

201905.10
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Resolution of Liability in BSA Settlement Agreements

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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…

201903.07
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Audit Inspections: How to Proceed with Inspecting Computers for Software Installations

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BSA | The Software Alliance (BSA) is an organization that represents software companies and prosecutes alleged unlicensed use of those member companies’ software products.  The BSA generally initially sends a company a letter indicating the company may be out of compliance with applicable software license agreements and demanding that the company investigate and inspect each…

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…

201708.11
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A New Definition of Software Piracy

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A New Definition of Software Piracy What is software piracy? Like many politically charged phrases, the definition of software piracy is influenced by your financial interests and your viewpoint. The Business Software Alliance defines software piracy as: “The illegal use and/or distribution of software protected under intellectual property laws.” The Business Software Alliance specifically includes…

201701.18
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Compliance Documentation After BSA and SIIA Settlements – Three Top Tips

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In a previous post, I introduced the concept of post-settlement compliance following the settlement of audits initiated by the Business Software Alliance (BSA) and the Software & Information Industry Association (SIIA). As noted before, the first step to completing the compliance review process is setting a baseline to determine what software is installed compared to…

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

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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.

201607.15
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Software Compliance After BSA and SIIA Settlements

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Your business has just finished spending the last year of its corporate life responding to a software audit demanded by the Business Software Alliance (BSA) or the Software &Information Industry Association (SIIA). It has devoted substantial time and internal resources in an effort to gather an accurate inventory of software installations, together with all available…

200808.21
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Software Police Increase Enforcement Efforts: How to Protect Your Company

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DALLAS — On the corporate high seas, piracy is everywhere. Companies are filled with computers but not enough software. When you cut costs and install programs on more than one workstation, you’re walking a thin plank. The Business Software Alliance, established in 1988, is cracking down on software compliance and piracy in the workplace. The…