BSA Defense

Our Methodology

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In many instances, after Scott & Scott has had an opportunity to review our clients' deployment and entitlement inforamtion, our clients advise us that they would like to cooperate with the BSA by producing the results of the audit.  Although we object to many of the BSA's requests for information during the audit process, our clients often want to utilize the BSA's audit framework to get the matter resolved as quickly as possible.  We have produced audit results in hundreds of bsa audit matters.  We ensure that appropriate confidentiality agreements are in place before we produce any materials to the BSA.  We work with you to prepare a comprehensive listing of all hardware on your network, an inventory of the software on each of the computers, and applicable proofs of entitlement for the Business Software Alliance’s review. Our reports comply with the Software Asset Management Guidelines promulgated by Microsoft to maximize your prospects of a favorable outcome. 


Q. Do I have to use BSA-recommended tools to conduct the network inventory? 

A. No, the BSA will often accept audits conducted using other software asset discovery tools.

Q. Does the BSA ever reject proofs of entitlement?

A. The BSA will reject an invoice or other entitlement if the purchase price is too low, if the vendor is not reputable, or if the proof does not contain all of the required information. 

Q. How soon after producing audit materials will I receive a settlement demand?

A.  A settlement demand can be received the same day, or many months after production of the audit, depending on a number of factors.

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BSA Audit Experience

  • Hired by California Daimler Chrysler dealer to represent them in a software audit requested by the Business Software Alliance after they received a settlement demand. The BSA alleged shortages in various Microsoft product licenses. The case was settled within a year for a fraction of the BSA's original settlement demand.
  • Represented investment brokerage firm in a software audit instituted by the Business Software Alliance. The dispute centered on alleged unlicensed copies of various Microsoft products, including servers and operating systems. The BSA was represented by Pepper Hamilton. The case settled in a little over a year for considerably less than the BSA's original settlement demand.
  • Represented professional insurance licensing service company in a software audit conducted by the Business Software Alliance. Negotiations centered on the number of alleged unlicensed copies of Microsoft Office. The case settled in less than a year for a considerable savings relative to the BSA's original settlement demand.

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