202210.31
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Can a Software Publisher Force You to Audit Your Customers?

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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 by a vendor and passed to its customers pursuant to the terms of an Independent Software Vendor (ISV) or Original…

202207.25
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Fundamentals of Software Audit Data Collection – Virtualization Inventory

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In order to effectively manage their software usage and to mitigate compliance exposure, companies need to know how to gather and analyze information regarding their product usage. While some software products may have unique data-collection requirements that ordinarily would not be applicable for other products, usage levels for many products can be measured using a…

202207.11
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Fundamentals of Software Audit Data Collection – Hardware Inventory

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In order to effectively manage their software usage and to mitigate compliance exposure, companies need to know how to gather and analyze information regarding their product usage. While some software products may have unique data-collection requirements that ordinarily would not be applicable for other products, usage levels for many products can be measured using a…

202207.05
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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…

202206.27
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License Ambiguities in Software Audits

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Without a contractual provision to the contrary, ambiguous terms in a software license will be construed against the software publisher. Provided that there are no other business factors that would make litigation unwise, an ambiguous license agreement is the situation most likely to lead to litigation. Construction against the Drafter When dealing with ambiguities, it…

202202.04
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Be Wary of Requests for Mystery Data

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Software auditors such as KPMG, Deloitte and PriceWaterhouseCoopers like to have things their way. It’s an understandable impulse – with likely hundreds of audits pending at any one time, the natural inclination is to standardize the process around a single set of tools and processes with which the auditors are most familiar. However, those tools…

202112.30
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Managing Audits to Prevent Unauthorized Disclosures by Technology Teams

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Disputes involving software usage are on the rise for businesses of all sizes. In some cases, technical teams respond to a software publisher’s or a third party’s audit request and provide significant amounts of data without notifying anyone on the corporate governance or the legal teams.  It is critical for those teams to evaluate the…

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…