202204.25
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Be Wary of Audit Tools Promoted by Software Auditors

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Most companies with more than a handful of computers in their IT environments rely on the results of network-inventory tools to gather the deployment data needed for accurate software audits. Without the tools, a business would be required to assign valuable resources to manually looking at the titles installed on each machine. Therefore, it should…

202203.24
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Be Wary of All Factors Affecting Potential Exposure in Software Audits

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Most businesses that try to plan for software audits and to estimate the potential exposure they could incur in the event of those audits know that the primary cost components of that exposure typically are the prices associated with any licenses they may have failed to acquire. For example, if a company determines it has…

202202.04
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Be Wary of Requests for Mystery Data

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Software auditors such as KPMG, Deloitte and PriceWaterhouseCoopers like to have things their way. It’s an understandable impulse – with likely hundreds of audits pending at any one time, the natural inclination is to standardize the process around a single set of tools and processes with which the auditors are most familiar. However, those tools…

202201.14
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How to respond to a VMware Audit

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Managing a complex IT environment very challenging, even before becoming involved in an external software audit from a software publisher or a third-party auditing entity. Businesses facing VMWare audits in particular should be prepared to take a number of steps to ensure compliance and avoid exacerbating any potential copyright infringement claims. Step 1: Identify the…

202201.11
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Software Audits: Proving Ownership of Software Licenses

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Often the single most arduous and time-consuming task facing companies who are the subject of software audits is collecting entitlement information to prove ownership of licenses for software installed on its networks. Once a company receives an official audit letter from a software publisher, or one of its representative entities such as The Software Information…

202112.30
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Managing Audits to Prevent Unauthorized Disclosures by Technology Teams

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Disputes involving software usage are on the rise for businesses of all sizes. In some cases, technical teams respond to a software publisher’s or a third party’s audit request and provide significant amounts of data without notifying anyone on the corporate governance or the legal teams.  It is critical for those teams to evaluate the…

202112.14
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General Counsel Should be Aware of Disguised Software Audit Clauses

Software license agreements often contain clauses allowing the licensor to review books and records, “Books and Records” clauses. These are often boilerplate clauses included in license 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…

202112.10
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Time Settlement Right for Software Audits

There is a growing trend for software publishers to keep software audits in-house and avoid using external organizations to pursue copyright infringement claims. Often, the compliance teams at the software publishers seek payment for software non-compliance through contract provisions, which specify a penalty or include retroactive support and maintenance. External organizations, such as BSA| The…