BSA Defense

Our Methodology

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When our clients elect to cooperate in the BSA audit process, settlement discussions can last many months.  After reviewing the results of an audit, the Business Software Alliance often has follow-up questions about the audit materials.  Once all questions about the installations and proofs of entitlement have been resolved, the BSA routinely proposes a settlement involving exorbitant fines and other draconian non-monetary provisions. Our lawyers aggressively negotiate to substantially reduce the proposed fines and eliminate or soften other burdensome provisions. We work to eliminate BSA-conducted audits of your business and the BSA’s ability to disseminate embarrassing publicity about your company. Like all negotiations, this process is unique to your individual business and financial circumstances. Having a seasoned attorney in your corner helps ensure that your matter will be vigorously negotiated.


Q. Can you help us even if we have already submitted our audit materials?

A. Yes, Scott & Scott can assist clients during every stage of the BSA audit process.

Q. How long will it take to resolve my BSA matter?

A. A typical BSA audit matter is pending 12-18 months.   

Q. If I hire an attorney, will the BSA assume I am hiding something?

A. Absolutely not.  The BSA's attorneys understand that clients who have done nothing wrong need an experienced resource to guide them through the process.

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BSA Audit Experience

  • Defended investment management firm against allegations of software piracy by the Business Software Alliance. Locke Lord represented the BSA regarding alleged unlicensed copies of Microsoft, Symantec and Adobe products. After two and half years the case settled for 40% of the BSA's original settlement demand.
  • Defended Texas Ford dealer against allegations of unlicensed copies of Microsoft Office products by the Business Software Alliance. After just over one year, the case settled for 35% of the BSA's original settlement demand with no admission of liability.
  • Represented equipment manufacturer in software audit initiated by the Business Software Alliance. The BSA alleged shortages in Adobe Acrobat and Norton AntiVirus software licenses. After approximately five months of negotiations, the case was settled out-of-court for a considerable savings relative to the Business Software Alliance's original demand. The BSA was represented by Frank Konczakowski.

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