Litigating Software Audit Disputes

The ITAM Review US Conference 2017

Software audits have become routine as publishers have proven that compliance claims get customers’ attention more than sales proposals. Most software license disputes are settled out of court, but what happens when you cannot negotiate a settlement with the publisher or one of its trade associations (BSA | The Software Alliance, The Software & Information Industry Association) because the settlement demands are too high? Software attorney Robert J. Scott will give real world examples of what happens when software audits wind up in court.

In this session attendees learned the following issues:

  • Use of declaratory judgment actions
  • Venue rules for copyright cases
  • Choice of law issues
  • Calculation of damages under copyright laws
  • Individual liability for copyright infringement
  • Burden shifting in copyright cases
  • Electronic discovery issues
  • Mediation strategy