201602.29
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How to Avoid Compliance Gaps with Autodesk Downgrade Rights

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Autodesk, like many other software publishers, are now offering subscription based licenses instead of perpetual licenses. Customers tend to find the flexibility of subscription-based licensing appealing because those licenses allow for growth and changing work environments. However, the license terms have specific conditions and requirements for installation and use of the software, specifically related to…

201602.23
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Microsoft Certificates of Authenticity May Not Constitute Proof of Licensing

The Business Software Alliance (“BSA”) and Software Industry & Information Association (“SIIA”) work on behalf of their members (the lists of which include Microsoft (for the BSA), Adobe, and Autodesk, among others) to enforce copyrights and the terms of end user license agreements (“EULAs”) pertaining to those members’ software products. The BSA and SIIA typically…

201602.23
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Microsoft Licensing Considerations

Generally when purchasing new software online, or upgrading existing software, a box pops up on the computer that says “Agree to Terms”.  Most people simply check the appropriate box and click next without reading the fine print.  This can be troublesome when the Business Software Alliance (BSA), which represents major software companies such as Microsoft,…

201602.18
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Software Audits: Surviving Settlement

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Software auditing entities, such as the Business Software Alliance (“BSA”) and Software & Information Industry Association (“SIIA”), initiate software audits of businesses that more often than not result in a settlement agreed to and negotiated by both parties. It is infrequent that a software publisher or auditor initiates against a company copyright infringement damages arising…

201602.11
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A Software Audit Settlement Is Not Complete Until All Obligations Are Met

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The majority of copyright infringement claims against consumers using copyrighted software are resolved by settlement rather than litigation, for a multitude of reasons. In some instances, the settlement agreements contain post-settlement obligations that can affect the release of liability for all copyright infringement claims. The following are the most common examples of the settlement obligations…

201511.23
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Black Friday for Software Copyright Infringement Settlements

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As the year comes to a close, many software publishers and trade associations with calendar year accounting are resolving as many outstanding software audits as possible. Companies currently engaged in a software audit may be able to negotiate favorable resolutions to their audit matters. The following are a few tips to reach an amicable resolution…

201511.06
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Proving Ownership of Underlying Licenses for Adobe Upgrades in Software Audits

Software publisher Adobe Systems Inc. actively investigates its existing customers to determine whether each customer has properly licensed Adobe software, or is committing copyright infringement. Adobe often pursues its customers directly, but sometimes grants a power of attorney for BSA| The Software Alliance to pursue copyright infringement claims on its behalf. In each instance, Adobe…