Recent Articles

Eight Software Asset Management Predictions for 2008

Robert J. Scott

January 15, 2008 17:36

2007 was an exciting and dynamic year for the software asset management industry. As we enter a new year, the software industry will continue to evolve. Here are my predictions for what will happen in 2008. 1. BSA expands its...2007 was an exciting and dynamic year for the software asset management...

Intellectual Property Enforcement or Witch-hunt?

Robert J. Scott

June 27, 2007 17:14

Recently, the Coalition Against Counterfeiting and Piracy (CACP), a group consisting of heavy-hitting IP stakeholders, such as the Recording Industry Association of America, the Business Software Alliance (BSA), the Software and Information Industry Association (SIIA), and the U.S. Chamber...

Suing the Informant in SIIA Audits

Robert J. Scott

May 02, 2007 22:09

The targets of SIIA audits frequently believe that they know who reported them to the Software & Information Industry Association. Justifiably angry, they want to know what legal recourse they have against the informant. Because the informants are frequently out...The targets of SIIA audits...

When to Buy vs. Uninstall in SIIA Audits

Robert J. Scott

April 10, 2007 15:08

One of the most common mistakes I encounter in SIIA audits is what I call the post-effective date software buying spree. The buying spree occurs in response to a letter from the SIIA’s attorneys requesting a self audit. Many clients...One of the most common mistakes I encounter in SIIA audits is w...

A New Definition of Software Piracy

Robert J. Scott

April 10, 2007 15:07

What is software piracy? Like many politically charged phrases, the definition of software piracy is influenced by your financial interests and your viewpoint. The Software & Information Industry Association recognizes several types of piracy, including, softlifting (installing a single...

Unbundling Software Suites in SIIA Audits

Robert J. Scott

April 10, 2007 15:07

One of the most controversial tactics the SIIA uses when calculating its settlement demands is its practice of unbundling software suites such as Microsoft Office and Adobe Creative Suite. Unbundling occurs when the target of a SIIA audit is unable...One of the most controversial tactics the SIIA...

Proof of License in SIIA Audits

Robert J. Scott

April 10, 2007 15:07

Proof of License in SIIA Audits Like all audits, success in a SIIA software audit depends less on what you own and more on what you can prove that you own. Although not required by law, the SIIA takes the...Proof of License in SIIA Audits Like all audits, success in a SIIA software audit depends...

SIIA Audit TimeLine

Robert J. Scott

April 10, 2007 15:06

One of the top ten questions asked by my clients is “How long does the SIIA self-audit process take from start to finish?” Of course I give the standard lawyer answer: it depends. Here are the steps to a typical...One of the top ten questions asked by my clients is “How long does the SIIA sel...

The Importance of the “Audit Effective Date” in SIIA Audits

Robert J. Scott

April 10, 2007 15:06

One of the first things I ask a prospective client is: What is the date on the initial letter you received from the SIIA? The date on the initial in a SIIA letter is often referred to as the Audit...One of the first things I ask a prospective client is: What is the date on the initial letter you...

Cooperation or Litigation: SIIA Audit Strategy

Robert J. Scott

April 10, 2007 15:06

If your company has received a letter from the SIIA requesting a software audit, you are probably wondering whether you should cooperate or tell the SIIA to pound sand. I advise my clients to cooperate but to do so in...If your company has received a letter from the SIIA requesting a software...