Software audits are significant legal and financial risks for all companies. With more and more software publishers utilizing intrusive audits and other information-gathering exercises as the basis for licensing transactions and – more troublingly – as sources of revenue through compliance-enforcement actions, more of our clients are implementing detailed policies to define whether and how…
One of the tasks with which Scott & Scott’s clients most commonly request our assistance is how to conduct a software audit. While almost all companies, large and small, use software in order to conduct their business operations, many of those companies lack mature or even nascent software asset management practices. Consequently, when asked to…
Autodesk routinely sends letters to businesses that it suspects may be using Autodesk software products without adequate licensing, both in order to confirm those suspicions as well as to address any license-compliance discrepancies. Typically under threat of a federal lawsuit for copyright infringement, Autodesk requires targeted businesses to respond to detailed questions about the Autodesk…
One of the most controversial tactics the software policing agencies use when calculating its settlement demands is its practice of unbundling software suites such as Microsoft Office and Adobe Creative Suite. Unbundling occurs when the target of an agency audit is unable to provide acceptable proof of purchase for one or more installation of a…
BSA | The Software Alliance (“BSA”), and the Software & Information Industry Association (“SIIA”) pursue copyright infringement claims on behalf of software publishers, such as Microsoft, Adobe, and Autodesk, among many others. Typically the BSA and SIIA send audit letters to companies believed to be using unauthorized copies of software products. In their letters, they demand that…
Autodesk routinely conducts software audits to determine whether businesses have unlicensed copies of its software installed on their computers. Architecture firms typically represent a significant portion of the targets of such audits – many such firms are heavily reliant on Autodesk software due to Autodesk’s dominance in the market for computer-aided design software and due…
In the universe of software-copyright enforcement programs, Autodesk’s may be the most active and vigorous. All businesses – even those not running Autodesk software – should take steps early and regularly to identify and eliminate any software-compliance gaps associated with Autodesk and other software installations. It is common for businesses owners to be surprised by…
One of the top ten questions asked by my clients is “How long does the self-audit process take from start to finish?” Of course I give the standard lawyer answer: it depends. Here are the steps to a typical software audit. Preparation of Audit Materials (3 to 6 months) A software audit is a request,…
The most common mistake we encounter in software audits is the failure to compile and produce accurate installation information. Like all technology projects, collecting the information to produce in response to a request for an audit can be very complicated and time consuming. To begin the audit process, it is necessary for the company to…
Autodesk, Inc. uses a variety of resources to identify potential audit targets. Many of these targets are small architecture or engineering firms that employ independent contractors in lieu of full time employees as CAD operators. A typical Autodesk software audit letter requests information regarding any installations of Autodesk products on company machines. The following are…
