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’s 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 Troutman Sanders Faegre & Benson
Eric Doney Jennifer Balmos Jodi DeSchane
Care Heller-Pittman Paddy Browne  
Eric Handler Thomas Hay
Bailey & Glasser, LLP
Stephen Gustavson Elizabeth Jewell Michael Murphy
Bruce Eads Clarence Lee  
Paul Chavez Matthew Morrissey Locke Lord
Julie Hofer Matthew Murphy Brandon Benson
Lawrence Rockwell William Pipal Jason Mueller
  Shomari Wade Sarah Copeland
Anthony Vecchione
Frank Konczakowski Higer Lichter & Givner  
Janessa Wasserman Gilbert's LLP
Thompson & Knight Vik Tenekjian
Herbert Hammond Warner Law Group  
Anne Warner Klemchuk Kubasta LLP
BSA | The Software Alliance  
Darin Klemchuk
Jesse Martin Royer Cooper Cohen Braunfeld LLP Corey Weinstein
  Barry Cohen Austin Champion
Sean Litz  


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BSA Software Audit Resources

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