FAQ

 
Q. What is BSA - The Software Alliance?

A.  BSA - The Software Alliance is an industry trade group whose members include software giants such as Microsoft, Adobe, Symantec, Macromedia, and Computer Associates.
  

Q. I have been accused of software piracy by BSA The Software Alliance. What is the correct definition of software piracy?

A. According to Merriam-Webster the word Piracy is defined as:

Definition of piracy

1an act of robbery on the high seas alsoan act resembling such robbery

2robbery on the high seas

3athe unauthorized use of another's production, invention, or conception especially in infringement of a copyright

bthe illicit accessing of broadcast signals

The BSA Software Alliance has done an excellent job painting its member software companies as the victims of widespread IP theft.  It has promulgated a view that the accidental over-deployment of software by an audited entity is tantamount to an act of robbery on the high seas.  While the unintentional over-deployment of software may constitute copyright infringement or breach of a software license agreement, to refer to these cases as software piracy matters is improper. 

Q. It’s 2021 and we just received a letter from BSA The Software Alliance. How should we respond

A. The global pandemic has affected virtually all industries with many struggling to keep their doors open while others have been destroyed by the adverse economic effects of covid-19.  Dealing with a software audit from BSA The Software Alliance adds extra stress in an already stressful time.  How to a respond to an audit from the BSA The Software Alliance will depend on a number of business and legal issues including: 

  1. How is the business doing overall?
  2. What percentage of revenue or profit are in controversy in the BSA’s audit?
  3. What BSA member publisher’s software is at issue in your BSA audit case?
  4. What entitlement documentation is available to establish the defense of license in a BSA audit?

Are you looking for experienced legal counsel to assist you with a BSA software audit?  We can help you determine the best response during our free initial consultation. 

News

 

Software audits: How high tech plays hardball

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Dan Tynan, InfoWorld, 4/25/16 ‘Truing up’ licenses amounts to billions of dollars in revenue for the major software makers. Here’s where the money goes — and how it’s extracted.

Software Licensing Tips To Reduce The Risk Of Legal Action

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Michael O’Dwyer, ipswitch, 9/29/16 If you require software licensing tips, don’t expect your software vendors to be of any real help, given the prevalence of outsourced call centers by many of the world’s global players.

Blogs

 

BSA Audit Timeline

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One of the top ten questions asked by my clients is “How long does the BSA self-audit process take from start to finish?” Of course I give the standard lawyer answer: it depends. Here are...

Obtaining Payment Terms for BSA Settlements

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Negotiating a settlement with the Business Software Alliance (“BSA”) to resolve a copyright infringement dispute over allegedly unlicensed software can be arduous and costly. The BSA typically demands a penalty based on some multiple of...

Articles

 

11 Software Audit Best Practices

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Robert J. Scott, Ground Report It is important to prepare in case a software vendor sends you an email or letter asking for an audit. Not being prepared ends up in loss of money and takes...

Lessons Learned in Over 500 Software License Disputes

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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,...