202106.22
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High-Level Data-Collection Strategies for Software Audits

In our experience, many companies facing software-licensing audits initiated by vendors like Microsoft, Oracle or IBM seem to be under the impression that auditors have a nearly unfettered right to information. This is not the case. However, too many audit targets discover too late that what may have seemed like good-faith cooperation in the interest…

202105.11
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Bad Advice That Can Get You Sued for Software Copyright Infringement

In recent years, many software publishers began using software audits as a means to increase revenue by penalizing customers for perceived compliance issues. Software publishers often conduct direct audits, or audit through companies such as the BSA | The Software Alliance (“BSA”), or the Software & Information Industry Association (“SIIA”). Although many software users take…

202010.29
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Autodesk Licensing Implications of Working from Home

The Covid-19 pandemic shifted entire non-essential industries to a remote workforce, leaving companies scrambling to set up employees to work from home. A study in June 2020 by Pricewaterhouse Coopers determined that nearly 70% of office workers were working remotely. While some employees were allowed to simply transfer their work computers to their home office,…

202006.10
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Effective Dates in Software Audits are Critically Important

Businesses that receive software audit demand letters from auditing entities such as the BSA or SIIA, or from software companies like Autodesk or Microsoft, often contend they cleaned up their network after receipt of the letter and should be released from any further obligation to conduct an audit or communicate with the auditor.  Audited business should…

202005.01
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Key Components of Software Audit Response Policies

Software audits are significant legal and financial risks for all companies. With more and more software publishers utilizing intrusive audits and other information-gathering exercises as the basis for licensing transactions and – more troublingly – as sources of revenue through compliance-enforcement actions, more of our clients are implementing detailed policies to define whether and how…

202003.07
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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…

201912.19
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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…