BSA Defense

Our Methodology

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When the amount in controversy is too great or when the publisher takes an unreasonable position, the parties may not be able to reach a resolution.  In the event that an out-of-court settlement cannot be reached, the parties may have no alternative but to litigate the matter.  The Business Software Alliance and its members often try to include owners and officers of the company in actions for contributory Copyright infringement.  The stakes can be high and the outcome uncertain.  Many of the legal theories used in the BSA’s threatening letters are untested because most of its cases are resolved pre-litigation by agreement. Scott & Scott’s lawyers are ready, willing, and able to defend your company in court if it becomes necessary.  Our attorneys have the experience needed to attack the publishers' interpretations of license agreements and litigate complicated issues related to softare usage.


Q. Will the BSA or its members notify me before they file suit?

A. Not always.  In some instances, the lawsuit may be a surprise.

Q. Where would a lawsuit be filed?

A. The venue of the suit would depend on the nature of the case and any forum-selection clauses in the relevant software licenses.

Q. Can I file suit against the BSA or its members?

A. We evaluate potential litigation matters on a case-by-case basis.  Some of our clients have filed suit against BSA members.

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BSA Audit Experience

  • Sued software trade group and member software publishers in federal court alleging declaratory judgment and anti-trust claims resulting in quick out-of-court settlement.
  • Defended Las Vegas engineering firm in federal court copyright infringement claim resulting in prompt settlement following a motion to dismiss in the Northern District of California.
  • Represented west Texas oil and gas leader in an audit conducted by the Business Software Alliance resulting a settlement agreement with no admission of liability, a complete release of any compliance claims, and a confidentiality provision preventing the BSA from issuing a press release about its investigation.

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