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Software audit process explained by Attorney Steve - Part 1 of 2
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WHAT HAPPENS WHEN YOU RECEIVE A SOFTWARE AUDIT DEMAND LETTER FROM COMPANIES LIKE AUTODESK, BUSINESS SOFTWARE ALLIANCE, SOLIDWORKS, AND OTHERS?
When you get a demand letter from the SIIA or the BSA and one of their law firms, you will probably freak out to a certain degree and wonder a few things such as (a) what do you do, (b) what is the process that occurs in an audit and (c) do I need a copyright lawyer. This video will illuminate to the basic concepts and let you make the decision for yourself.
Here is part 2 of the video. https://youtu.be/5RkdNP-o5sY
Word of caution, we do believe there to be SCAM companies (i.e., fake software "compliance" companies out seeking to collect on debts that may not be owed, and licensing shortages that they are not allowed to pursue you for (ex. they do not represent any real software publisher such as Adobe, Oracle, IBM, Apple, Microsoft, Autodesk, etc.).
PUBLIC NOTICE: The following intellectual property law firms, however, are LEGIT and the leaders in the IP software audit fields, so if you receive a letter from them, you can most likely consider it to be a real law firm.
A note of caution, be careful before just picking up the phone and calling the SIIA or BSA once you receive a letter demanding you submit to a voluntary software audit, at risk of facing $150,000 in copyright infringement liability.
This is part 1 of a two-part series. Click here for Part 2.
The things you say could bring on more problems for you. By way of illustration, you could:
1. Admit to pirating - which will put you in a horrible negotiating position
2. You could end up ENLARGING the scope of the audit. We have seen these trade groups and their counsel adding new companies to the audit and adding new pieces of software that they were not aware of (i.e., the "informant" did not even know your company was using a particular piece of software, for example, Adobe Photoshop, Illustrator, Dreamweaver, Visio, office, windows, Rosetta Stone or some other piece of software.
This video contains some general legal tips. If you want to learn more, here are a few helpful links to visit:
1. www.SoftwareAuditLawyers.com (our information-packed website you should review if you received a letter)
2. Software Information Industry Association ("SIIA") website - http://www.siia.net/
3. Business Software Alliance ("BSA website") - https://en.wikipedia.org/wiki/BSA_(The_Software_Alliance)
We offer low flat rate fees for companies seeking copyright legal counsel. Call us at (877) 276-5084 for a free consultation with an experienced software law firm.
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