Important Tips for Resolving an SIIA Audit During or Immediately After a BSA Audit

Sometimes a company receives notices of audits from many publishers or trade associations at the same time. Often this is because multiple agencies have received confidential reports from the same informant. If a current or previous employee contacts both the Software & Information Industry Association (“SIIA”) and BSA|The Software Alliance (“BSA”), the company may face…


Top Tips for Responding to an Autodesk Audit

Autodesk routinely sends letters to businesses that it suspects may be using Autodesk software products without adequate licensing, both in order to confirm those suspicions as well as to address any license-compliance discrepancies. Typically under threat of a federal lawsuit for copyright infringement, Autodesk requires targeted businesses to respond to detailed questions about the Autodesk…


Treat Audit Demands Like A Litigation Hold Letter

Software publishers are regularly auditing customers to ensure compliance with license agreements, and may initiate audits directly, or through entities such as BSA|The Software Alliance, and the Software & Information Industry Association (“SIIA”). These entities send a letter that asks the customer to conduct a full audit of its network or potentially face copyright infringement…


Large Enterprises Need to Think Outside the Box When Licensing Software

Software publishers utilize myriad different license metrics to determine what kind and quantity of particular licenses their customers are required to purchase. Some are relatively straightforward, such as “one license per server” or “one license per user.” Others can be more complex, such as “one license per each virtual processor core…Subject to a four-core minimum…With…


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…


Adopting Software Use Policies to Protect Against Copyright Infringement Claims

BSA | The Software Alliance (“BSA”), and the Software & Information Industry Association (“SIIA”) pursue copyright infringement claims on behalf of software publishers, such as Microsoft, Adobe, and Autodesk, among many others.  Typically the BSA and SIIA send audit letters to companies believed to be using unauthorized copies of software products.  In their letters, they demand that…


VMware Licensing: Common Questions about Licensing Rules and Restrictions, Part II

Virtualization can reduce the number of physical machines required in an environment and have several other benefits, but it can also require an understanding of complex technical and licensing concepts. Failure to properly license the environment can subject the company to unbudgeted licensing and compliance fees. The following list includes several common questions and concerns…


VMware Audits: What You Need to Know About Licensing Rules, Part I

It is not unusual for companies to use virtualization technologies to reduce costs, ensure redundancy, and reduce physical size of the network. Some of these companies are turning to VMware to manage their virtualized environments. Virtualization can involve complex technical and licensing issues. Failure to properly license the environment risks subjecting the company to unbudgeted…


Autodesk Targets Architects In Software Audits

Autodesk routinely conducts software audits to determine whether businesses have unlicensed copies of its software installed on their computers. Architecture firms typically represent a significant portion of the targets of such audits – many such firms are heavily reliant on Autodesk software due to Autodesk’s dominance in the market for computer-aided design software and due…