Recent Articles

Unauthorized Software: Costly to Your Bottom Line

Robert J. Scott

September 28, 2010 17:56

The Business Software Alliance (“BSA”) and Software & Information Industry Association (“SIIA”) pursue copyright infringement claims against companies accused of installing unauthorized copies of software. Typically, the BSA and SIIA send letters to businesses and request audits of their...

Adopting Software Use Policies to Protect Against Copyright Infringement Claims

Robert J. Scott

September 28, 2010 17:56

The Business Software Alliance (“BSA”), and the Software & Information Industry Association (“SIIA”) pursue copyright infringement claims on behalf of software publishers, such as Microsoft, Adobe, and Autodesk, among many others. Typically the BSA and SIIA send audit letters to...The Business...

Effective Dates in Software Audits Are Critically Important

Robert J. Scott

September 28, 2010 17:55

Businesses that receive software audit demand letters from auditing entities such as the BSA or SIIA, or from software companies like Autodesk or Microsoft, often contend they cleaned up their network after receipt of the letter and should be released...Businesses that receive software audit demand...

Judge Rejects Copyright Damages Compilation Components

Robert J. Scott

September 28, 2010 17:54

In Nature’s Enterprises, Inc. v. Pearson (2010), the U.S. District Court for the Southern District of New York rejected Nature’s Enterprises (“NEI’s”) request for damages for each component part of a compilation. NEI had alleged that Pearson infringed ten of...In Nature’s Enterprises, Inc. v....

Costly Software Audit Mistakes

Robert J. Scott

September 28, 2010 17:54

The Business Software Alliance (BSA) and the Software & Information Industry Association (SIIA) are organizations that represent software publishers seeking to enforce the copyrights in the products they publish. In furtherance of this goal, these entities routinely send letters to...The Business...

Software Information Industry Association (SIIA) Settlement Agreement Provision Regarding Purchase of Software

Robert J. Scott

September 28, 2010 17:53

Settlement Agreements with the SIIA, a trade association for the software and digital content industry, often contain provisions requiring the audited company to not only purchase software to satisfy licensing deficiencies it carries going forward after settlement, but also to...Settlement...

Unpleasant Surprises In BSA & SIIA Software Audits

Robert J. Scott

September 28, 2010 17:52

Many companies who comply with a demand by a software publisher or industry association (such as the BSA or the SIIA) for an internal software audit end up facing significant settlement demands after forwarding their audit materials to the other...Many companies who comply with a demand by a...

Proof of License in SIIA Software Audits

Robert J. Scott

September 28, 2010 17:50

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 position that a target company is...Like all audits, success in a SIIA software audit depends less on what you own and more on...

SIIA’s Corporate Content Anti-Piracy Program A New Cause of Concern for Small-to-Medium Businesses

Robert J. Scott

September 28, 2010 17:49

Last month, the Software & Information Industry Association (SIIA) announced the first major settlement reached by its Corporate Content Anti-Piracy Program (CCAPP). The settlement was reached with Knowledge Networks, Inc. (KNI), a market research firm based in Menlo Park, California,...Last month,...

Businesses Turn to Open Source Software After Software Audits

Robert J. Scott

September 28, 2010 17:48

The Software & Information Industry Association (SIIA) and the Business Software Alliance (BSA) routinely sends letters to businesses on behalf of many software publishers, including Microsoft, to investigate potential copyright infringement claims based on allegedly unlicensed software. The...