202201.14
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How to respond to a VMware Audit

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Managing a complex IT environment very challenging, even before becoming involved in an external software audit from a software publisher or a third-party auditing entity. Businesses facing VMWare audits in particular should be prepared to take a number of steps to ensure compliance and avoid exacerbating any potential copyright infringement claims. Step 1: Identify the…

202201.11
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Software Audits: Proving Ownership of Software Licenses

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Often the single most arduous and time-consuming task facing companies who are the subject of software audits is collecting entitlement information to prove ownership of licenses for software installed on its networks. Once a company receives an official audit letter from a software publisher, or one of its representative entities such as The Software Information…

202112.30
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Managing Audits to Prevent Unauthorized Disclosures by Technology Teams

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Disputes involving software usage are on the rise for businesses of all sizes. In some cases, technical teams respond to a software publisher’s or a third party’s audit request and provide significant amounts of data without notifying anyone on the corporate governance or the legal teams.  It is critical for those teams to evaluate the…

202112.14
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General Counsel Should be Aware of Disguised Software Audit Clauses

Software license agreements often contain clauses allowing the licensor to review books and records, “Books and Records” clauses. These are often boilerplate clauses included in license agreements without much consideration from the contracting parties. When a Books and Records clause is used in a software agreement without a software audit clause, it can lead to…

202112.10
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Time Settlement Right for Software Audits

There is a growing trend for software publishers to keep software audits in-house and avoid using external organizations to pursue copyright infringement claims. Often, the compliance teams at the software publishers seek payment for software non-compliance through contract provisions, which specify a penalty or include retroactive support and maintenance. External organizations, such as BSA| The…

202112.03
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How CIOs Should Prioritize and Resolve Multiple Software Audits

A software audit may come in many forms, ranging from an offer for a free Software Asset Management (SAM), a License Verification, or a request by a representative organization, such as an outside law firm, the Business Software Alliance (BSA) or Software & Information Industry Association (SIIA). Unfortunately, many companies do not understand the implications…

202111.05
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A Chief Information Officer’s Guide to Mitigating Costs Amid Software Copyright Disputes and Audits

At this stage, if your company has not faced a software audit, you are probably on borrowed time. Many software publishers are initiating software audits using their in-house compliance teams instead of outsourcing to law firms or third-party vendors. Often, compliance teams will contact the business or IT contact at the targeted company. These technical…

202110.26
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When Outside Counsel Is Worth the Cost: Software Copyright Infringement

Companies are sometimes fielding multiple software audit demands from multiple software vendors simultaneously, which can significantly impact in-house counsel. Software audits may be initiated by publishers or through outside entities such as BSA | The Software Alliance. Audits initiated directly from a software publisher are sometimes presented as a sales offer from the compliance team,…