Software Licensing Audits

What type of proof do you need to show software license compliance?

Jan 18th, 2017 | By
Software OEM proof of purchase

Software Audit Essentials – Proving you have a valid license for software your organization is using.  If not, expect penalties, fines and audits.   Introduction The game – you are an infringer when you install software on your computer according to business software alliance attorneys.  You must PROVE your license (its an affirmative defense as

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SOFTWARE INFRINGEMENT QUESTIONNAIRE

Dec 30th, 2016 | By
copyright infringement defense attorney

SOFTWARE INFRINGEMENT QUESTIONNAIRE – PLEASE COMPLETE AND FAX BACK TO (888) 551-2252 IF YOU ARE BEING ACCUSED OF SOFTWARE PIRACY.  WE OFFER A FREE INITIAL CONSULTATION FOR BUSINESS OWNERS AND OTHERS ACCUSED OF UNAUTHORIZED SOFTWARE USAGE.  Did you download and install any software which was not licensed (ex Microsoft, Autodesk, CNC Software, Vero, Siemens, Solidworks,

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Copyright Infringement risks of purchasing refurbished computers, PC’s and laptops

Dec 28th, 2016 | By
software piracy defense law firm

Microsoft Office, Windows and Visio Software Alerts – Refurbished computers must be valid and legit Introduction One thing that sometimes pops up when we are handling software audits is a company is charged with illegally using software on refurbished computers   The company will claim, for example, that they purchased the rehab computer from BestBuy

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Can you use Windows 7 Home Premium for Commercial Use?

Dec 22nd, 2016 | By
EULA software audit law firm

Microsoft Licensing Quandries – will someone please explain whether or not you can use Microsoft Windows Home for commercial business purposes?  Introduction  This is not legal advice, but since I cannot seem to get a straight answer on this from BSA counsel, I am posting this with the hopes that someone out there in the

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Characteristics of a software troll

Dec 20th, 2016 | By
best software troll defense law firm

We have heard about Copyright Trolls and Patent Trolls, but what about Software Trolls? Introduction  Our firm has dealt with many intellectual property law firms and trade associations for the software vendors (such as the BSA, SIIA, and Software Compliance Group).  These companies can be “barracudas” when it comes to sorting our your corporate license

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The software alliance is trying to close out cases year end 2016?

Dec 16th, 2016 | By
BSA defense atty

Software Audits with the Software Alliance – www.BSA.org VIDEO:  Click on the picture above to learn more about who the BSA is, what they do, and how software audits work. If you need help, call us at the number below or email me at the address on the right side of this page. We have

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Microsoft “crash reports” and the copyright statute of limitations

Dec 15th, 2016 | By
copyright statute of limitations in software audits

Software Audit Defenses – Copyright Statute of Limitations [Crash reports]  Introduction This blog discusses one potential defense that may be used in software audit cases involving companies like the BSA, SIIA, Adobe, Vero, Siemens, Autodesk, Solidworks, CNC Mastercam, and other companies.  It relates to a statute of limitations defense. Bonus Materials: We discuss common defenses

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Does an insurer have a duty to defend in software audit cases?

Nov 30th, 2016 | By
software audit bad faith insurance

The intersection of insurance “BAD FAITH” law and software audits! Introduction Our law firm is licensed to practice law in California and Arizona.  We accept federal copyright infringement software audit cases nationwide.  This blog discusses a case out of Ohio.  Bear in mind our firm is not licensed to practice law in Ohio, and this is

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Sample monetary demand letter from the business software alliance

Nov 29th, 2016 | By
Penalties for unlicensed software BSA

How much money with the Software Alliance demand after the licensing compliance audit? Introduction If you got to this page by reading our blog on the Eight Floor Promotions vs. The Cincinnati Insurance Company case here is the demand letter that the BSA sent Eight Floor following them submitting audit results (which showed a licensing

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Software Compliance Group, your partner for business success?

Nov 28th, 2016 | By

Who is the Software Compliance Group?  What do they want when they send you a audit letter? Introduction Did you receive a letter from the Software Compliance Group (“SCG”)?  Were you served a copy of a summons and complaint from the Milord & Associates?  If so, call to speak with a copyright infringement lawyer to

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Attachmate [Micro Focus International] software audit letter overview

Nov 19th, 2016 | By
Microfocus Software Audit

Attachmate / Micro Focus software audit overview Introduction Did you receive a letter from a copyright infringement or intellectual property law firm (or from the consulting firm Deloitte and Touche) asking your business to submit to a software compliance audit?  If so, contact our firm, we can help you explore your software audit rights and help

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How to confirm whether or not Autodesk reseller is valid BEFORE you buy software on eBay

Nov 6th, 2016 | By
software infringement piracy atty

Illegal Software Purchases on eBay, Craigslist and Amazon.com can lead to infringement claims. Introduction One thing that pops up time to time while handling software compliance audits is the company that purchased software online from retailers such as Amazon.com, Craigslist or auction sites like eBay.  This might sound like a legitimate arms length transaction, but

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Seeking idemnification or contribution from the informant who installs unlicensed software

Nov 4th, 2016 | By
software atty audit leter

Software Audit Essentials – [Seeking Indemnification & Contribution from the “Secret Informant”]. Introduction We recently had a mid-sized business come to us with a software audit letter demanding that they engage in a license compliance audit.  After we discussed the case in detail, and after reviewing my Client’s internal laptops, computers, and networks they noticed

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BUSTED for using Autocad STUDENT software for commercial purposes!

Oct 25th, 2016 | By
commercial use of student internet software

Autodesk Software Audit – Student and Intern Issues (FAQ) VIDEO:  Attorney Steve explains software audits dealing with use of unlicensed students versions of Autocad and Autodesk (for commercial projects).  Make sure to LIKE to our FACEBOOK FAN PAGE for future legal updates. Introduction As a software lawyer, I handle many cases with Autodesk counsel from the prestigious

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Overview of common Autodesk software products

Oct 24th, 2016 | By
Autodesk audit information

Autodesk Audit – Basic Product Descriptions Introduction When companies are asked to engage in a “voluntary” audit with Autodesk software company of San Rafael, one of the questions I get is “what products am I looking for?”  This is a list of some of the more common products that architects, designers and engineers might want

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Does a software license transfer from an old employer to a new business?

Oct 4th, 2016 | By
The Software Audit Lawyer

Software Audit Tips and Tricks – Did your license transfer from the old employer? Introduction A common type of case that arises in representing software clients is the situation where a current company (ex. Speedy Architect & Design) claims a software license is valid due to its being purchased and registered at an old company

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Copyright infringement for purchasing what appears to be a valid software license online?

Sep 13th, 2016 | By
Craiglist eBay software infringement

Software Licensing Compliance Law Firm Introduction The public needs to know this and know what goes on in the “software infringement trenches.”  My firm deals with many different types of software companies including but not limited to Microsoft, Adobe, Bentley, CNC, Autodesk, Siemens, Vero and others.  The business model of many software companies is to

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What is the Canadian Alliance Against Software Theft?

Jun 29th, 2016 | By
Best IP attorney SF

International Copyright & Software Piracy – Canada  Introduction According to Wikipedia: “The Canadian Alliance Against Software Theft (CAAST) is a Canadian trade group affiliated with the Business Software Alliance.  Its mission statement is to “reduce software piracy in Canada through education, public policy and enforcement.  The CAAST was established in 1990.” CEG-TEK notices to Canadian

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How to stand firm against an SIIA lawyer

May 31st, 2016 | By
Attorney SIIA

Sample conversation with a lawyer for the Software and Information Industry Association (“SIIA”) VIDEO:  Click on the picture above to get an introduction into the SIIA.  Make sure to Click on the Red  “V” to subscribe to our legal channel for free general legal information updates. Introduction Here is an email I had with a

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Software audit damages – can Microsoft really “unbundle” Office products?

May 15th, 2016 | By
microsoft audit attorney

Damages and Penalties in Microsoft Audit Cases – Unbundling Explained Introduction If your business is being subjected to a Microsoft audit (or SIIA or BSA audit for that matter), this is an important blog to read. In this blog I address the issue of what monetary damages a software publisher like Microsoft might be seeking

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Ostensible agency in software infringement cases dealing with resellers

May 7th, 2016 | By
illegal software dowloads

Software Law and Reseller Agency Principles Introduction There are many different types of agency.  For example, someone can be an “actual agent” of your company.  For example a real estate agent properly licensed is an agent of the brokerage where he or she hangs their license.  There may also be “implied agency” where it appears

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Sample letter to software company that alleges infringement due to their own fraudulent reseller

Mar 10th, 2016 | By
EXTORTION LAWYER

Software Audit Defense Tips Introduction This is a sample letter.  This is not for commercial use.  We do offer a copy of this letter for sale to other attorneys by clicking on the document and going to Scribd page. Sample “back off Jack” infringement response letter (pirate reseller) October 15, 2015 Cutting Edge Software Inc.

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Help I got a software infringement letter from Surfcam (by Vero Software)!

Mar 10th, 2016 | By
Reseller liability for software infringement

Software Audit Defense Lawyer – responding to infringement letters based upon fraudulent reseller conduct (selling bootlegged software) & General Surfcam Copyright Notices. Introduction Surfcam is a software product (owned by Vero Software) located in Thousand Oaks, California and also an address in the U.K.  They make a product known as “CAM” (computer aided manufacturing) for milling, turning

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Is our company legally obligated to agree to a software license audit?

Mar 4th, 2016 | By
Autodesk and BSA compliance

Software Licensing Law – The Decision to Engage or Not Engage in Contractual of Sales Audits!   Introduction One of the tough decisions to make when your company is approached by a software publisher or their intellectual property lawyers is whether or not to engage in the “voluntary” internal software audit.  Is your company contractually

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Software audit legal checklist – 30 things every business must consider when they receive a demand letter

Feb 29th, 2016 | By

How to respond to a software audit demand letter – print out this checklist and call for a FREE consultation (877) 276-5084.  You can go it alone, but why would you? Checklist How to Respond to a Software Audit PDF by Steve Vondran Download our FREE sample checklist Click on the SCRIBD logo below to

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What your business needs to know about software raids

Feb 27th, 2016 | By
copyright criminal lawyer

Software Lawyer discusses the legalities of a corporate raid for copyright infringement issues. Introduction If you are concerned about widespread software piracy at your company you need to understand the important topic of what happens with a software raid.  Are these legal?  Is your business likely to be targeted?  Hopefully this blog will provide some

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Case brief – Autodesk, Inc. v. Feinberg & Associates, P.C.

Feb 25th, 2016 | By
copyright defense lawyer

Software infringement law   Case Summary On October 30, 2002, Autodesk, Inc. (“Autodesk”) filed a complaint in United States District Court, Northern District of California (“Court”), alleging Copyright Infringement against Feinberg & Associates, P.C. (“Feinberg”), an architecture firm in New Jersey.  The civil action arises under the copyright laws of the United States, 17 U.S.C.

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Tips to help complete a software audit excel worksheet

Feb 25th, 2016 | By
software compliance attorney

Software licensing lawyer shares audit survival tips (filling out the template)! Introduction When you get the letter asking your client to engage in a corporate wide voluntary self-audit of your companies software assets (ex. from the BSA, or Autodesk), your first thought will probably be “I never win anything what are the odds our company

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Sample response to receiving a software audit letter – unjustified “fishing expedition” cases

Feb 19th, 2016 | By
BSA software compliance lawyer

BSA software audit defense – potential sample response when you receive an unjustified demand to submit to an audit Introduction  Fighting a company that is determined to try to punish you for alleged software piracy is never easy.  In some cases a company may be unjustly accused of infringing software and not having a valid number

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Microsoft Audit Tips – SAM License Verification Process

Feb 13th, 2016 | By
SAM compliance lawyer

Microsoft Software Audit Defense – Microsoft SAM Audit True-Ups Introduction One of the things that can arise in the world of software audits is a request from Microsoft asking a company to submit to a voluntary “software licensing verification process.”  Also known as a SAM audit (software asset management).  When companies get this they might often ask

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Does insurance company have to cover software infringement losses of a company as an “advertising injury”?

Feb 10th, 2016 | By
Bad faith insurance law IP coverage

Intersection of Software Audits and Insurance Bad Faith Introduction Most people know by now that our firm has handled many different types of copyright and software infringement cases.   But what happens where software companies such as the business software alliance, SIIA, Microsoft, or Autodesk find your company to be a willful copyright infringer, and

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Can I buy new software when I am in the middle of a software audit?

Jan 12th, 2016 | By
attorney for software EULA

Software Licensing Essentials – Purchasing Tips During an Ongoing Audit! Introduction When your company is involved in a software audit things can get pretty stressful.  You are busy auditing your computer networks and seeking to locate receipts and proofs of purchases in order to prove your legal compliance, and meanwhile you need to purchase software

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Sample software settlements by Vondran Legal

Jan 1st, 2016 | By
How to settle a software audit

We fight hard to limit your legal exposure in software compliance, audit and licensing cases.  In software cases, negotiation skills is everything and we have it! Sample settlement victories We are an experienced software audit defense law firm.  We have helped many companies from across the United States save their businesses from bankruptcy, limit their

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Will my BSA software settlement be kept confidential?

Dec 30th, 2015 | By
BSA confidential settlement

Software Audit Essentials – Keeping it confidential! Introduction When you finally get down to settling your case, and you have agreed on a settlement amount, payment terms, and other critical points, a draft of the settlement agreement will then be sent over to us, which will need to be closely reviewed.  As we have discussed

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The role of the Software Code of Ethics in software settlement agreements

Dec 30th, 2015 | By
BSA settlement agreements

Software Audit Defense Essentials – Negotiating the settlement agreement! Introduction When you finally get to the point where you believe you have your BSA, SIIA or Autodesk software audit settled, you then come to the settlement agreement.  Some people think the hard part is over (combatting the threats of filing a lawsuit for copyright infringement),

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What is the Business Software Alliance?

Dec 21st, 2015 | By
BSA defined

BSA Defense Lawyer explains the Business Software Alliance! VIDEO:  Click on the picture to watch the video which explains what the BSA is.  Make sure to click on the RED “V” (for Victory) to subscribe to our FREE legal updates!  We are now up over 1,100 subscribers thanks to your continued support!  Thank you!! Bonus

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Suing the “secret informant” in software audit cases

Oct 30th, 2015 | By
Software audit attorneys BSA defense

How to address corporate espionage and trade secret theft in software licensing audits  Introduction Having handled a large number of software licensing audit cases from large software companies such as BSA (Business Software Alliance), SIIA, Autodesk, and Microsoft and their intellectual property law firms, we have learned a few things we think  the public should know

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Microsoft CAL licensing explained

Jul 25th, 2015 | By
Lawyers for Microsoft and BSA softwrae audits

Software Audit Essentials – “CAL” license shortages! Introduction Microsoft software runs the world.  Many businesses both large and small rely on a wide variety of Microsoft software products to run their business.  One of the trending areas of software audit defense we see is the rise of calls from Clients who are being audited for

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Software Lawyer Resources & Self Study

Jul 25th, 2015 | By
Lawyers for Microsoft licensing audit

Steve Vondran, Esq – the Software Lawyer’s self study resources! Introduction In the “old days” you had to go to school for everything.  Get into a good college, spend tons of money if you wanted to learn a skill or a trade that you had a passion for.  In the modern age, you simply don’t

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Autodesk Compliance Lawyer FAQ

Jul 24th, 2015 | By
San Francisco Software Lawyers

Software Compliance Tips & Frequently Asked Questions for Autodesk! Introduction This blog is not specific legal advice and should not be relied on in making any decisions to move forward in your software audit case with Autodesk.  This blog will discuss some general legal areas of interest to business owners, engineers, architects, land surveyors, students and other

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Burden of proof in computer software infringement cases

Jul 19th, 2015 | By
copyright defense attorneys

Software Compliance, Copyright Law & Burdens of Proof! Introduction When your company is involved in a software audit, you will need to document your usage of software on your networks, servers and computers, and provide proofs of purchase.  When it comes down to it, who has to proof to prove copyright compliance?  Is it the

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Use of Federal Rules of Evidence 408 in Software Compliance Audits

Jul 8th, 2015 | By
software compliance lawyers

Federal Rules of Evidence – FRE 408 Confidentiality in Software Audit Cases! Introduction When you get a letter from a major software manufacturer your stress level goes up.  You start thinking about all the time you put into building your company, and you think about whether or not there are unlicensed copies of software on your

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IBM software license audits overview

Jul 8th, 2015 | By
copyright infringement attorneys

Federal Copyright Litigation – IBM Software License Compliance Cases! Introduction Towns, Cities and businesses run on software and IBM software is a leading brand many companies trust and rely on to handle a wide variety of functions such as: Application infrastructure Business analytics City management eCommerce (B2B / B2C) Continuous engineering Databases Data warehousing Enterprise

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Software infringement – is clickwrap enforceable?

Jun 30th, 2015 | By
BSA defense lawyers

 Software audit defenses – licensing agreement issues Introduction When you are in a software audit situation, the representative for the software company will usually get bullish and aggressive with you.  One think you will often hear them say is “you have to audit your entire network for all instances of software installs and report back.”

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What is the SIIA?

Jun 29th, 2015 | By
Intellectual property lawyers SIIA defense

Overview of SIIA software audits and copyright infringement allegations! What does the SIIA stand for? The SIIA stands for the Software & Information Industry Association.  The SIIA is a trade association for software companies (not a law enforcement agency as some business owners might think) and digital content industry and one of their goals is

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What is an “adversary proceeding” in Bankruptcy Court?

Jun 13th, 2015 | By
How to file an adversary proceeding in a bankruptcy court

Litigation Warrior Series – Bankruptcy Adversary Proceedings (trying to wipe out “Willful Copyright Infringement” Claims and Software Piracy may be attacked in a BK court). CLICK HERE FOR CAN YOU WIPE OUT SOFTWARE PIRACY IN BANKRUPTCY COURT.  Introduction This blog discusses what an “adversary proceeding” is in bankruptcy Court and how this plays out in

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Common defenses in a software licensing audit cases

Jun 11th, 2015 | By
Software license audit lawyers

Software Licensing Defenses in BSA, Microsoft, SIIA and Autodesk audits! Introduction What do you do when you get a legal demand letter from a law firm asking your company to audit all of your servers, networks, servers, and laptops and report back on what software programs you have on each, and to prove (with dated

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Anatomy of an Autodesk license audit

May 20th, 2015 | By
Dealing WITH AUTODESK LAWYERS

Copyright Infringement Series – How the software audit process works generally Introduction This blog discusses the ins and out of what you can expect to deal with during a software license audit with Autodesk lawyers.  If you haven’t stared down the barrel of a gun you don’t know what it looks or feels like.  This

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Calculating damages in software infringement cases (the 3x multiplier)

Mar 20th, 2015 | By
Software infringement 3x multiplier

Copyright Infringement – Software settlement essentials (calculating money damages) Introduction So you have worked like a mad dog to build out your software and you sell it commercially in your marketplace.  Whether you have basic business productivity software, personal software, biomedical software or some other type of protected code that has been federally registered with the

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Sample letter responding to a BSA “voluntary” software license request

Mar 9th, 2015 | By
Software compliance lawyers

If you are a small or medium sized business in the United States, one of the major hassles you might find yourself involved in is a BSA or SIIA licensing audit.  This blog will help you understand one way to respond. Introduction There is a battle going on over unlicensed software use in corporate America.

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Need to know caselaw for software copyright infringement lawsuits

Feb 7th, 2015 | By
AZ copyright attorneys software audit law

Software infringement caselaw Introduction If your business or company is using software without paying for the proper licenses, you can find yourself engulfed in a BSA or SIIA audit.  The audit can lead to either a settlement, or a copyright infringement lawsuit filed in Federal Court.  But what is the case law that applies to

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Autodesk Audit Survival Guide

Feb 7th, 2015 | By
lawyers to help with Autodesk audits

How to survive an Autodesk Audit – Legal tips from the software licensing trenches! Bonus Materials: Vondran Legal Hour Podcast revealing Autodesk Audit Tips! Introduction So you got the Autodesk Audit “love letter” from a law firm demanding that you submit to a “voluntary” software licensing audit.  What do you do?  Do you call a

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Are your employees using unlawful copies of Rosetta Stone?

Oct 12th, 2014 | By
illegal software downloads at work

Rosetta Stone, the economy, and software licensing copyright infringement by employees JUMP TO EMPLOYER COPYRIGHT LIABILITY PODCAST Introduction Here is a recent topic that come up in one of my conversations with intellectual property counsel representing the Business Software Alliance (“BSA”).  I was asking why one of the software programs they want audited from one

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Can I resolve a BSA or SIIA software audit with a letter?

Oct 12th, 2014 | By
San Francisco Copyright Law Firm

Software Licensing Audit Insights – Sample settlements with Software Industry  Introduction Our law firm handles BSA software licensing audits dealing with alleged software copyright piracy violations by companies such as Microsoft, and Autodesk.  In software licensing audits, the software company and/or their representatives want you to audit your internal software to basically prove to them

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Sample call with a BSA software lawyer

Oct 6th, 2014 | By
law firm to help with software license audit

 Federal Copyrighted Software Licensing Audits   Insights into a software license compliance audit I just got off a call today with one of the lawyers for the BSA (Business Software Alliance).  Here is an overview of our conversation (I am paraphrasing the attorney’s responses): Me:  Respectfully, why are you auditing my client and disrupting their

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