Sample BSA software settlement terms

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MAKE SURE TO LISTEN TO THIS PODCAST where I provide an overview on software settlements with the Business Software Alliance: https://bit.ly/2YgmzF6

Attorney Steve® provides a general legal overview of BSA software settlement issues. Software license compliance audits are a big issue and can lead to major legal liability for your company and even officers and directors who may be held personally liable for "willful copyright infringement."

If your firm has violated federal copyright law by pirating software, including the use of crack codes, you will normally get the software "love letter" demanding that you audit your internal networks (all computers, laptops, servers, etc.) and show what software programs you are running, such as Microsoft Office & Windows, Adobe, or Autodesk AutoCAD or Revit, for example, are properly licensed. Meaning the burden of proof to show valid licensing is on YOUR COMPANY.

You will typically have to be able to show dated receipts (proof of purchase) for the software you are using. If you can't, the lawyers for the BSA may threaten you with copyright infringement and seek a large amount on behalf of their members in settlement damages.

Keep in mind depending on the amount of unlicensed software your organization has deployed, you could literally see a settlement demand in the six-figure range. We have seen this many times over the years defending these audits. I know this sounds crazy and highlights the importance of having experienced copyright counsel on your team if you are thinking about responding to their audit.

Our job as your intellectual property lawyers is to fight to get your settlement demand down to something realistic and affordable and to seek to prevent your company from having to go to federal court to resolve software licensing issues.

Call us at (877) 276-5084 for more information.

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