Every client and prospective client approaches Scott & Scott, LLP with unique circumstances. We are able to quickly evaluate the facts presented to us, gauge a client’s ability to respond to a BSA audit request, and work with the client to develop a strategy that helps achieve the client’s objectives. We give our clients visibility into the BSA’s processes and outline the decisions that the client must make throughout the course of the audit. We generally recommend that our clients work with us to Evaluate the matter, including conducting an extensive audit of the client’s hardware and software infrastructure to gain a full appreciation of the situation. Our clients typically choose to Cooperate with the Business Software Alliance by producing the results of a software audit. Once all audit questions have been answered and a settlement demand is made by the BSA, we aggressively Negotiate every aspect of a proposed settlement. If an amicable resolution is not possible, our lawyers are experienced commercial litigators familiar with federal court practice and will aggressively Litigate the case in a court battle.
BSA Audit FAQ
Q. If the BSA has no regulatory authority, why would anyone cooperate?
A. The BSA's members are aggressive about ensuring compliance with software licenses and will likely file suit if they have no response from a BSA target.
Q. What is the most important part of the investigation portion of a BSA audit?
A. Obtaining an inventory of network deployments that is accurate as of the date of the BSA's opening letter and getting complete entitlement records.
Q. Should I take the BSA matter seriously?
A. Many BSA matters result in six-figure penalties and should be treated like any serious legal matter.
BSA Audit Experience
- Represented western U.S. manufacturer of commercial trucks and vehicles in a software audit initiated by the Business Software Alliance after they submitted audit materials and received a settlement demand. After a year of negotiations focused on alleged unlicensed copies of numerous Microsoft products, the case settled for 11% of the BSA's original settlement demand with no admission of liability.
- Represented financial industry marketing firm in a software audit requested by the Business Software Alliance who alleged unlicensed copies of numerous Adobe products, Microsoft Office products, and Microsoft server products such as SQL Server and Windows Sever. After less than 3 months of negotiations the case was settled for 26% of the BSA's original settlement demand.
- Defended DFW insurance company against allegations of alleged unlicensed copies of Adobe and Microsoft products by the Business Software Alliance. Locke Lord represented the BSA. After a year of negotiations the case was settled for 24% of the BSA's original demand with no admission of liability.