202108.27
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Superseding Audit Rights for Software Copyright Infringement: Settlement Agreements Versus Software License Agreements

in Blogs, BSA Audits

Many software copyright infringement claims are resolved informally and often the terms are set forth in a settlement agreement. The critical terms in every settlement agreement purporting to resolve copyright infringement claims include the release of liability, confidentiality, warranties and representations, monetary sums to be paid, and in cases of software, future auditing rights. Third-party…

202101.22
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Management’s ignorance is not a defense to copyright infringement claims

in Blogs, BSA Audits, Software Audits

Software publishers, acting alone, or through a proxy such as the Business Software Alliance (“BSA”) or Software & Information Industry Association (“SIIA”), regularly audit customers or potential customers to ensure license compliance and deter against copyright infringement. For mid-sized or larger companies that employ an in-house or external IT resource to manage software purchases and…

202012.03
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How to Find the Best Lawyer for a Software Audit

in Blogs, BSA Audits

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…

202009.08
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Avoid Overpaying for Software Settlements

in Blogs, BSA Audits

Most software audits initiated by the software publisher or a third party entity authorized to pursue copyright infringement claims on behalf of the software publishers, such as the BSA| The Software Alliance (“BSA”) or the Software & Industry Information Association (“SIIA”), are resolved outside of a courtroom.  Many of the settlements require payment of a…

202004.03
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Understanding Software License Agreements to Avoid BSA or SIIA Software Audits

in Blogs, BSA 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…

202003.07
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Audit Inspections: How to Proceed with Inspecting Computers for Software Installations

in Blogs, BSA Audits, Software Audits

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…

201912.19
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Important Tips for Resolving an SIIA Audit During or Immediately After a BSA Audit

in Blogs, BSA Audits, Software Audits

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…

201902.04
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11 Secrets to Defending BSA | The Software Alliance Audits

in Blogs, BSA 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…