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

“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…


When to Seek Help for a BSA | The Software Alliance Audit

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…


Black Friday for Software Copyright Infringement Settlements

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…


Courts May Refuse to Compel the BSA | The Software Alliance and Software & Information Industry Association (SIIA) to Identify Their Informants

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…


What I Learned in the Last 10 Years Defending BSA | The Software Alliance Audits

I am an intellectual property attorney in Southlake, Texas who has handled more than 230 Business Software Alliance audit matters for small to medium-sized companies. For the last ten years, I have been representing end-user companies nationally in software audit matters initiated by major software publishers including Microsoft, Adobe, Autodesk, IBM and their trade groups…


Software Licensing: A Legal, Not Technology Issue

The Software & Information Industry Association is aggressively going after small and mid-size businesses, accusing them of software piracy. Many businesses are already under investigation, and facing potentially steep fines and bad publicity that could hurt their reputation with customers and business partners. Despite the fact that this is an issue involving software, it’s not…