The Business Software Alliance’s primary enforcement tool is to send a threatening letter indicating that an investigation has commenced and offering to forego litigation if the target company provides a self-audit. A self-audit consists of a listing of all BSA member software running on a company’s computer networks, appropriate indicia of ownership for the software (including copies of media and manuals) and dated proofs of purchase for each title. It is important to note that companies are usually under no legal obligation to cooperate with the Business Software Alliance. In most instances, however, cooperation will yield the most cost effective resolution. But, that is not necessarily always the case.
It is very important to engage an attorney experienced in fighting the BSA before any documents are produced. Once produced, the documents can and will be used by the BSA to leverage its legal position when negotiating fines or pursuing litigation.
Scott & Scott, LLP has represented more than 215 companies accused of software piracy by the Business Software Alliance. Our highly focused team of attorneys and technology consultants can guide your business through every step of the BSA Audit process. Whether your company is already under investigation or just concerned about exposure, our lawyers have the technical and legal experience necessary to protect your business against the Business Software Alliance.
The BSA is funded by large software companies including Adobe, Autodesk, McAfee, Symantec, and Microsoft to name just a few. They have deep pockets to hire law firms with many resources. It is not advisable to be in a David vs. Goliath situation without experienced counsel on your side to protect your rights.
Many companies targeted by the Business Software Alliance are paying substantial fines and suffering negative publicity because they did not have experienced counsel. Properly preparing for and responding to software audits can reduce the financial and organizational impact on your business.
We have saved our clients thousands in potential penalties and have represented companies across the U.S. and Canada against allegations of software piracy by the BSA. Our clients have ranged from a one-person lumber shop with a couple of computers to major corporations with more than 25,000 computers.
Our attorneys have the legal and technical experience necessary to protect your business against the BSA. You can leverage the knowledge we’ve gained successfully defending companies like yours.
BSA Audit Experience
- Represented online award and plaque retailer in a software audit conducted by the Business Software Alliance that focused on Adobe and Microsoft products. The BSA was represented by Troutman Sanders. The case settled within a year for a considerable savings relative to the BSA's original settlement demand.
- Represented equipment manufacturer in software audit initiated by the Business Software Alliance. The BSA alleged shortages in Adobe Acrobat and Norton AntiVirus software licenses. After approximately five months of negotiations, the case was settled out-of-court for a considerable savings relative to the Business Software Alliance's original demand. The BSA was represented by Frank Konczakowski.