New Developments in Negotiating Copyright Infringement Damages in Software Settlements with the BSA

The BSA | The Software Alliance (“the BSA”) investigates claims of software copyright infringement behalf of its member software publishers to determine whether any companies end users have unlicensed software installed in violation of The Copyright Act. The BSA has been granted a power of attorney to pursue claims relating to copyright infringement on behalf…


Disguised Software Audit Clauses

Agreements often contain clauses allowing the parties to review books and records, “Books and Records” clauses. These are often boilerplate clauses included in 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 serious consequences. It…


Licensing Old Microsoft Products

Businesses seeking to license older versions of Microsoft products may encounter challenges acquiring valid licenses.  This is a particular concern for some companies that utilize Microsoft products as the basis for their IT infrastructure and that want to avoid a costly migration to new software versions. Microsoft offers a number of options under its Volume…


Autodesk Audits: Managing Independent Contractors

Autodesk, Inc. uses a variety of resources to identify potential audit targets. Many of these targets are small architecture or engineering firms that employ independent contractors in lieu of full time employees as CAD operators. A typical Autodesk software audit letter requests information regarding any installations of Autodesk products on company machines. The following are…


Autodesk Audits: How to Effectively Scan Your Network and Prepare Accurate Results

Conducting a self-audit while facing potential copyright infringement claims from Autodesk or any other software publisher often is complicated and time-consuming. Nevertheless, it is critical to choose an appropriate method to ensure the audit results are accurate. A self-audit usually may be conducted using various methods, including third-party scanning tools, such as Belarc, or manual…


Understanding Software License Agreements to Avoid BSA or SIIA Software Audits

Recent trends indicate that software publishers are increasingly initiating direct software audits instead of outsourcing the auditing process to entities such as the BSA | The Software Alliance (“BSA”) or Software & Information Industry Association (“SIIA”). However, the BSA and SIIA continue to actively target companies of all sizes to determine whether the company is…


Top Four Terms to Remember when Purchasing Autodesk Software

Software-license compliance can be a difficult task, and understanding the standard Autodesk Software License Agreement may present challenges. Here are four of the most important terms in that agreement to remember for compliance purposes: 1. License Terms Vary Regarding Installations. a. Multi-seat license. Although Autodesk generally restricts software installations to one installation per license, the…