| Q. |
What is the Business Software Alliance?
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| A. |
The Business Software Alliance is an industry trade group whose members include software giants such as Microsoft, Adobe, Symantec, Macromedia, and Computer Associates.
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| Q. |
What authority does the Business Software Alliance have to conduct audits and levy fines?
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| A. |
The BSA has no independent law enforcement authority of any kind. Its rights are derived from a power of attorney provided by its member software companies. Those companies have rights created by their software license agreements and under the laws protecting copyrights.
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| Q. |
What will happen if I ignore correspondence from the Business Software Alliance or its lawyers? |
| A. |
The Business Software Alliance is well funded and very aggressive. Attempting to ignore the problem by not responding will likely make your problems worse, leaving the BSA with no other option but to institute litigation against you and your company.
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| Q. |
What are my options for complying with the requested self-audit from the BSA? |
| A. |
To conduct a self-audit you can either use your internal staff, retain the services of an outside IT vendor, or use the services of an experienced law firm such as Scott & Scott, LLP.
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| Q. |
What are the benefits of an attorney-conducted software audit? |
| A. |
Unlike internal audits, and IT-vendor audits, attorney-conducted audits are fully protected by the attorney-work product and attorney-client privileges. The results are protected from disclosure and therefore cannot be used against you or your company in court.
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| Q. |
I just received a letter from the BSA, what will happen if I purchase the missing titles now? |
| A. |
The Business Software Alliance will not give you credit for any titles purchased after the date of the audit letter and will likely seek sanctions against your company based upon “spoliation” of evidence in the event of litigation. If you have been contacted by the BSA, you should retain experienced counsel to guide you through every step of the process.
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| Q. |
Can I find out who made the report that resulted in a BSA audit of my company? |
| A. |
The Business Software Alliance will not voluntarily release the names of their informants because the promise of confidentiality increases the volume of reports. In the event of litigation, it is likely however that the factual basis for the allegations in the lawsuit, including the informant’s information, may be discovered.
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