11May
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...
30Mar
Disguised Software Audit Clauses
Agreements often contain clauses allowing the parties to review books and records, “Books and Records” clauses. These are often boilerplate clauses included in agreements without much consideration from the contracting parties. When a Books and...
2Mar
Managing Risks in the Software Audit Process
It has been said that software is the new oil. It fuels the information revolution. And in this metaphor, software audits are the meters that measure the flow—and extract maximum revenue for software makers. The...
25Feb
BSA/SIIA Audits and Software Publisher-Initiated Audits Differ in Important Ways
While the over-arching concept underlying a software audit initiated by a publisher like Microsoft or IBM is the same as that in an audit initiated by the BSA | The Software Alliance or the Software...
19Feb
When an Audit is Not an Audit, Think Twice About Participating
In the software licensing world, all audits are not created equal. On one hand are the “true,” contractual audits. Here, the applicable license agreement gives the software publisher the right, usually upon notice and sometimes...
9Feb
Negotiating Copyright Infringement Damages in Software Settlements with the BSA
The BSA | The Software Alliance (“the BSA”) investigates claims of software copyright infringement behalf of its member software publishers to determine whether any companies end users have unlicensed software installed in violation of The...
