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…

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…

202112.14
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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…

202112.03
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How CIOs Should Prioritize and Resolve Multiple Software Audits

A software audit may come in many forms, ranging from an offer for a free Software Asset Management (SAM), a License Verification, or a request by a representative organization, such as an outside law firm, the Business Software Alliance (BSA) or Software & Information Industry Association (SIIA). Unfortunately, many companies do not understand the implications…

202110.26
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When Outside Counsel Is Worth the Cost: Software Copyright Infringement

Companies are sometimes fielding multiple software audit demands from multiple software vendors simultaneously, which can significantly impact in-house counsel. Software audits may be initiated by publishers or through outside entities such as BSA | The Software Alliance. Audits initiated directly from a software publisher are sometimes presented as a sales offer from the compliance team,…

202107.23
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Top Three Revisions to Request in Software License Audit Clauses

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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 to conduct audits at any time and for any reason, and when they do not require the audited companies to…