Business Software Alliance (BSA) Audits by Attorney Steve®

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TIPS IF YOUR COMPANY IS FACING A SOFTWARE AUDIT

1. Do not contact their lawyers. They are skilled in the area of software infringement/piracy. They will typically use anything you say against you. Admit your fault, and they will take note.

2. Do not race to the Golden Gate Bridge and throw your computers, laptops, and servers into the bay. We have helped hundreds, if not close to a thousand, companies deal with these types of software audits. Preserve the evidence.

3. Do not talk to other people or fire off emails. This can be used as evidence against you. Keep things quiet and get a legal consultation from an experienced copyright law firm. These cases are brought/pursued as copyright infringement cases.

4. Don't trust the case to your uncle or friend who is a lawyer or even your in-house corporate attorney. In this area of law, experience matters, and if your counsel has never dealt with this type of dispute, you need to take this seriously and find an IP firm with substantial experience dealing with The Business Software Alliance.

5. Figure out who will be members of your IT audit team. For example, since officers and directors can be held personally liable for willful piracy, you may need to involve them. Involving your IT team lead also usually will make sense (unless you suspect them of being an informant/whistleblower). BSA has been known to offer monetary amounts to those who report piracy - including informants or those who may have "one foot out the door."

This is not an exclusive list. A helpful checklist of issues can be found here - http://vondranlegal.com/software-audit-checklist/

You should note that we offer low flat rate fees for most software defense cases (designed to make legal representation AFFORDABLE). They have attorneys on their side; you need to seriously consider being represented.

BSA audits can completely disrupt your business and, in fact, bring financial ruin to your company (the letter you received probably threatens $150,000 per infringed work); this can bankrupt many companies, especially if there is deemed to be widespread "willful infringement of copyright" (meaning you are installing software that is not properly paid for and YOU KNOW IT).

We can help you examine possible defenses which you can find some of them listed here: http://vondranlegal.com/common-defenses-in-a-bsa-or-autodesk-software-licensing-audit/

You should not simply throw away the letter and hope it goes away. Chances are IT WILL NOT. We have helped many companies that fail to have proper licenses, use crack codes, over-install software, and who may have inadvertently been using software from big companies like Autodesk, Microsoft, and/or other BSA member companies.

NOTE: The business software alliance ("BSA") is NOT law enforcement. They are known as the "software cops" or "software police" to some, but they are not law enforcement. They are a software industry trade group that polices the marketplace seeking to confront companies for EULA compliance or infringement issues. They seek monetary settlements (We have seen demands for several HUNDREDS OF THOUSANDS of dollars) and will also sometimes seek to have companies implement a software code of ethics within your organization. Settling cases with them can be tricky and overly expensive for a company that does not know the ins and outs.

If you are not sure where your company stands, you should self-audit your business to make sure you are compliant as soon as you can and make sure you can prove, to the satisfaction of the BSA that you are 100% in compliance. Typically, this means showing dated proofs of purchase for software licenses. However, there may be alternative forms of proof.

When you click "agree" on many of the "click wrap" software licensing agreements and subscriptions that many companies use to protect their software (such as Apple, Adobe, Symantec, Bentley, WinZip, Dell, and others), in most cases you will be expected to live up to those digital agreements. If you are branded a "software pirate," you may have to defend yourself and your company in a federal copyright infringement lawsuit, and there could even be criminal copyright criminal charges that involve expensive software.

SOFTWARE AUDIT VIDEOS BY ATTORNEY STEVE®

1. Copyright infringement damages explained: https://youtu.be/LJxTTcDuhzs

2. More information on BSA audits: https://youtu.be/q7aWxgM2Fq0

3. Common terms in a software piracy settlement agreement: https://www.vondranlegal.com/sample-s...

4. Common defenses and mitigating factors in software cases: https://youtu.be/_VwRmHz66Bg

5. Microsoft "unbundling" damages explained: https://youtu.be/7MYj_K_JGCI

6. What can happen if you ignore a BSA demand letter: https://youtu.be/TTeiWp4X_UQ