202101.22
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Management’s ignorance is not a defense to copyright infringement claims

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Software publishers, acting alone, or through a proxy such as the Business Software Alliance (“BSA”) or Software & Information Industry Association (“SIIA”), regularly audit customers or potential customers to ensure license compliance and deter against copyright infringement. For mid-sized or larger companies that employ an in-house or external IT resource to manage software purchases and…

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…

201609.15
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Most U.S. Businesses Should Co-Operate With BSA Audit Demands…To A Point

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An article published by a U.K. business journal suggested that U.K. businesses should refuse to co-operate with demands by the Business Software Alliance (BSA) for information regarding BSA-member software installations and licenses. The article’s sources appear to base their suggestions on a combination of personal experience and, perhaps, assumptions about the BSA’s operating procedures in…