Post-Settlement Obligations in Software Settlements

A settlement agreement to resolve software copyright infringement claims is not the final word in obtaining a release of liability. There are a number of obligations triggered by the settlement agreement that cannot be ignored to avoid jeopardizing the release of liability. Businesses must create internal protocols for risk management, future software audits, license compliance,…


Superseding Audit Rights for Software Copyright Infringement: Settlement Agreements Versus Software License Agreements

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…


Avoid Overpaying for Software Settlements

Most software audits initiated by the software publisher or a third party entity authorized to pursue copyright infringement claims on behalf of the software publishers, such as the BSA| The Software Alliance (“BSA”) or the Software & Industry Information Association (“SIIA”), are resolved outside of a courtroom.  Many of the settlements require payment of a…


Key Provisions in Software Settlement Agreements

The end of the year is a busy time for software publishers and entities like the BSA | The Software Alliance (“BSA”) and the Software & Industry Information Association (“SIIA”) to resolve an audit target’s copyright infringement dispute by entering into settlement agreements. While it may be advantageous for a company to reach a quick…


Top Tips for Post-Audit Software Remediation

Responding to a software audit can be an arduous, expensive, and time-consuming process for a company. The remediation process to close compliance gaps may vary slightly depending on whether the audit is initiated the software publisher itself or outsourced to an agency such as BSA| The Software Alliance (“BSA”) or the Software & Industry Information…


Ethical Considerations for Software Audits

Software audits initiated by software publishers and trade associations such as The Business Software Alliance (“BSA”) and Software & Industry Information Association (“SIIA”) are on the rise. A company should be aware of the implications of the process and strategy decisions related to how the data is collected. Traditional protections of the data under the…