Latest Articles

09/16/2011 11:57:54 AMClient Access Issues in BSA-Initiated Software Audits

Businesses targeted for software audits by the Business Software Alliance (BSA) often learn that the BSA typically extends the scope of its audit requests to more than just software products and often requests information regarding client access to server products....

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09/16/2011 11:55:39 AMWhat Constitutes a "copy" of software under copyright law?

Software auditors almost always try to find ways to maximize the number of allegedly infringing software "copies" at issue in an audit engagement. It is typical for the Business Software Alliance (BSA), the Software & Information Industry Association (SIIA), and...

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05/05/2011 11:52:15 AMObtaining Payment Terms for BSA Settlement

Negotiating a settlement with the Business Software Alliance ("BSA") to resolve a copyright infringement dispute over allegedly unlicensed software can be arduous and costly. The BSA typically demands a penalty based on some multiple of the MSRP of each product...

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09/24/2010 11:07:00 AMSoftware Piracy

Software piracy audits conducted by the BSA and the SIIA threaten small and medium sized businesses. As the economy tightens, software publishers such as Microsoft, Adobe, and Autodesk hide behind software piracy enforcement groups to pursue customers accused of installing...

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09/24/2010 11:05:06 AMTypes of Audits in Software License Disputes

A variety of resolution frameworks are available to businesses involved in a software license dispute. An audit is the most common such framework and entails an analysis of the organization's network for software installations compared against its licenses. The types...

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09/24/2010 11:02:58 AMWhen to Buy vs. Uninstall in Software Audits

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....

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09/13/2010 09:45:57 AMLicense Ambiguities in Software Audits

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...

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05/13/2010 09:39:01 AMLitigating Copyright Infringement Claims Related To Competing Software Applications

Software copyright infringement litigation (sometimes called software anti-piracy claims) comes in an array of varieties. Frequently, it is functionally indistinguishable from disputes involving literary or audio-visual works and centers on claims that an infringer copied a copyright owner's work and...

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05/13/2010 09:37:30 AMAdopting Software Use Policies to Protect Against Copyright Infringement Claims

The Business 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...

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04/13/2010 09:35:54 AMLife after a Software Audit: Keeping Settlement Confidential

The Business Software Alliance (BSA) is an organization that pursues copyright infringement claims on behalf of many software publishers against companies it accuses of violating its members' software license agreements. Because the cost of litigation in most cases outweighs the...

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