Employees and owners who receive a notification that the BSA has initiated an investigation into the company's software usage generally have many questions about the process. The most common question directed to Scott & Scott's audit attorneys is, "What are the potential financial implications of the BSA audit?" Before we can answer this question, we must gather information about the company's technology infrastructure, the software installed, how the company uses the relevant software, and what kind of entitlement records does the company keep. We start each engagement with a thorough evaluation of all of the information requested by the BSA. We have developed software tools that allow us to assist our clients in discovering what software applications are installed on the network. We also conduct an in-depth review of the clients' software documentation including media, manuals, certificates of authenticity, end user license agreements, and proofs of purchase. We review and respond to any correspondence from the Business Software Alliance, letting it know that Scott & Scott, LLP has been retained as counsel and all future correspondence with your company should be directed to us.
BSA Audit FAQ
Q. How long will it take Scott & Scott to give us an estimated financial exposure?
A. In most cases, it takes three to six months to complete our analysis and make an estimate.
Q. Can Scott & Scott collect deployment information without traveling to our office?
A. Yes, in most cases the network inventory can be conducted remotely.
Q. Is there a way that I can estimate my exposure in a BSA Audit prior to engaging counsel?
A. We recommend that you visit our Fine Calculator.
BSA Audit Experience
- Represented nationwide insurance company in a software audit initiated by the Business Software Alliance. The BSA was represented by Donahue Gallagher Woods. At issue was the number of licenses for numerous Microsoft products. The case was settlted after ten months of negotiations for almost half of the BSA's original settlement demand with no admission of liability.
- Represented promotional products marketing company in a software audit requested by the Business Software Alliance. The BSA alleged unlicensed copies of various Microsoft and Adobe products. The case settled in just six months for a great deal less than the BSA's original settlement demand.
- Represented Dallas, Texas based staffing software maker in Business Software Alliance audit initiated by Stephen Gustavson of Donahue Gallaghere Woods. The BSA alleged licensing shortages for numerous Adobe and Microsoft products, including Microsoft Office 2003, 2007, 2008; Microsoft SQL Server 2005; and Microsoft Windows Server 2000 and 2003. The matter was pending for eighteen months and resulted in a confidential out-of-court settlement.