BSA Defense

About the BSA

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The Business Software Alliance is a private trade organization with absolutely no independent law enforcement authority. The BSA's members include the largest software publishing companies in the world and most notably, Microsoft, Adobe, Symantec, Intuit, Autodesk and McAfee. These companies provide the Business Software Alliance a power of attorney to act on their behalf to accuse businesses of software piracy. Accordingly, the BSA can enforce only those rights that its member software publishers have. Legally, software companies usually have a contractual relationship with a customer based upon a software license and also have the rights provided under copyright laws that protect the holder of copyright against infringement. These are the rights that the Business Software Alliance's enforcement department is attempting to protect.


Q. My company has just received a letter from an attorney representing the Business Software Alliance.  What should we do next?

A. Upon receiving a letter from the BSA the first thing you should do is notify internal stakeholders including senior management and your in-house or outside legal advisors who can advise the company on the proper procedures to safeguard relevant evidence and on how to conduct an internal investigation.  

Q. What will happen if I ignore the Business Software Alliance‚Äôs request for a self-audit? 

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.

Q. What lawyers represent the Business Software Alliance in software audit matters?

A. Some of the attorneys and firms who represent the BSA are:

Donahue Gallagher Woods FDK Law Faegre & Benson
Eric Doney Frank Konczakowski Jodi DeSchane
Care Heller-Pittman    
Eric Handler Thompson & Knight Bailey & Glasser, LLP
Stephen Gustavson Herbert Hammond Michael Murphy
Bruce Eads    
Paul Chavez Business Software Alliance Locke Lord Bissell & Liddell
Julie Hofer Jennifer Balmos Brandon Benson
Lawrence Rockwell Iva Mills Jason Mueller
    Sarah Copeland
Troutman Sanders, LLP Sorin Royer Cooper LLC Anthony Vecchione
Clarence Lee Barry Cohen  
Allison Nicholson   Smart & Biggar
Jesse Martin Gowling, Lafleur, Henderson LLP Vik Tenekjian
Matthew Murphy Michael Crichton  
Anna Schall   Klemchuk Kubasta LLP
Thomas Hay Higer Lichter & Givner Darin Klemchuk
  David Lichter  
  Janessa Wasserman  


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BSA Software Audit Resources

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