201908.06
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Software Audit Timeline

One of the top ten questions asked by my clients is “How long does the self-audit process take from start to finish?” Of course I give the standard lawyer answer: it depends. Here are the steps to a typical software audit. Preparation of Audit Materials (3 to 6 months) A software audit is a request,…

201908.05
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Common Mistakes in Software Audits

The most common mistake we encounter in software audits is the failure to compile and produce accurate installation information. Like all technology projects, collecting the information to produce in response to a request for an audit can be very complicated and time consuming. To begin the audit process, it is necessary for the company to…

201905.02
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Unbundling Software Suites in Software Audits

One of the most controversial tactics the software policing agencies use when calculating its settlement demands is its practice of unbundling software suites such as Microsoft Office and Adobe Creative Suite. Unbundling occurs when the target of an agency audit is unable to provide acceptable proof of purchase for one or more installation of a…

201903.07
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Audit Inspections: How to Proceed with Inspecting Computers for Software Installations

BSA | The Software Alliance (BSA) is an organization that represents software companies and prosecutes alleged unlicensed use of those member companies’ software products.  The BSA generally initially sends a company a letter indicating the company may be out of compliance with applicable software license agreements and demanding that the company investigate and inspect each…

201902.06
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Responding to the Dreaded Software Audit

Modern financial history is chock full of embarrassing audit scandals, which caused executives and corporate brand names severe damage from intentional fabrication of revenues, or creating imaginary profits, or claiming assets that turn out to be a mirage. There’s a new scary cousin of traditional financial audits known as the software audit. It’s increasingly become…

201902.05
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How to Find the Best Lawyer for a Software Audit

I am a partner in Scott & Scott, LLP a firm that focuses on technology law matters in Southlake, Texas.  We represent companies in software audit matters initiated by the major publishers including Microsoft, Oracle, IBM, Autodesk and many others. My team has combined experience of over 50 years defending software audits and I spend…

201902.04
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11 Secrets to Defending BSA | The Software Alliance Audits

Don’t be in the dark on how to prepare and respond to software audits. An increasing number of companies face software audits initiated by software publishers and their trade associations, such as BSA | The Software Alliance and the Software & Information Industry Association. Most companies are totally unprepared; many underestimate their exposure and are…

201902.01
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Managing Risks in the Software Audit Process

It has been said that software is the new oil. It fuels the information revolution. And in this metaphor, software audits are the meters that measure the flow—and extract maximum revenue for software makers. The auditors arrive on your company doorstep to “true up” your license and make sure you’re paying for all the software…

201901.31
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License Ambiguities in Software Audits

Without a contractual provision to the contrary, ambiguous terms in a software license will be construed against the software publisher. Provided that there are no other business factors that would make litigation unwise, an ambiguous license agreement is the situation most likely to lead to litigation. Construction against the Drafter When dealing with ambiguities, it…