At this stage, if your company has not faced a software audit, you are probably on borrowed time. Many software publishers are initiating software audits using their in-house compliance teams instead of outsourcing to law firms or third-party vendors. Often, compliance teams will contact the business or IT contact at the targeted company. These technical…
Previously, I wrote an article about poor advice that can get you sued for copyright infringement in software audits. While some of the main auditors have changed, the advice has not. The following is the most common bad advice that can result in litigation. Software publishers now commonly initiate audits through compliance teams pursuant to…
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,…
Responding to a software audit can be an arduous, expensive, and time-consuming process for a company. The remediation process to close compliance gaps may vary slightly depending on whether the audit is initiated the software publisher itself or outsourced to an agency such as BSA| The Software Alliance (“BSA”) or the Software & Industry Information…
For many businesses, the allure of moving their software platforms, applications and/or databases to The Cloud lies substantially in the promise of ridding themselves of license-compliance concerns. The pitfalls of a Cloud-based architecture are worth accepting for many businesses that do not want to expose themselves to the risks of hefty penalties or compliance purchases…
In a civil copyright infringement claim, many users of copyrighted material are surprised to learn that once the copyright owner has demonstrated that it owns a copyright in the work, the burden shifts to the copyright user to demonstrate that it had the right to use the work in the way it was using it. …
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 auditors arrive on your company doorstep to “true up” your license and make sure you’re paying for all the software…
Most software audits initiated by the software publisher or a third party entity authorized to pursue copyright infringement claims on behalf of the software publishers, such as the BSA| The Software Alliance (“BSA”) or the Software & Industry Information Association (“SIIA”), are resolved outside of a courtroom. Many of the settlements require payment of a…
Almost every business today operates with the support of digital tools. One survey put the number of companies investing in digital technologies to transform their business at an astounding 97 percent. Conducting business in this digital age means licensing software from major publishers, such as IBM, Oracle and Microsoft, and the subsequent acknowledgement and anxiety…
One of the most common mistakes I encounter in software audits is what I call the post-effective date software buying spree. The buying spree occurs in response to a letter from a publisher or publisher’s attorneys requesting a self audit. Many clients are discouraged to learn that software purchases made after the date of the…
