7Sep
Beware the Convenient “Intent” of Software Publishers
Most software license agreements used by major publishers like Microsoft and IBM are in many ways vague with respect to license restrictions and metrics. This leaves licensees in the position of having to interpret the...
27Aug
Superseding Audit Rights for Software Copyright Infringement: Settlement Agreements Versus Software License Agreements
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...
4Aug
Can a Software Publisher Force You to Audit Your Customers?
Many software-solution vendors utilize third-party infrastructure or application programs as frameworks for embedded solutions that they sell to their customers and install on their customers’ computers. Licenses for those third-party products typically can be acquired...
2Aug
Recent Developments in Autodesk Licensing and Audits, Part II
Many of our clients ask us questions after receiving an audit letter from Autodesk. Part I of this series focused on new trends by Autodesk’s auditing, and included in Part II is a list of...
23Jul
Top Three Revisions to Request in Software License Audit Clauses
Large companies that invest heavily in software licensing are familiar with the extremely one-sided nature of most software license audit clauses. It is a pleasant surprise when such clauses do not give software publishers rights...
20Jul
Software Audit Risks – What Are the Chances Your Company will be Next?
There is a set of related questions our software-audit clients frequently ask us that boil down to variations on one or more of the following: Why am I being audited? What if anything did I...
