Companies use software for different purposes they need it for. These need to be bought or the license for their used be purchased so that you can install them on the computers in your company. But because of the quantity of software and computers that you may be using, you might not be able to assess them all and some could have an unlicensed software installed.
The BSA or Business Software Alliance is an enforcement agency funded by interested companies to check on companies regarding the legalities of the applications they are using. Receiving a BSA audits letter means that they are starting an investigation regarding your usage of their licensed products. Here are some helpful tips whenever you found that particular letter in your mailbox.
Prepare and look for a legal counsel upon receiving from BSA the audit request letter. They have lawyers that are experts with regard to copyright laws so having your own legal experts is a must. Your lawyer must be experienced in dealing with cases that are complicated such as these in order for him to be able to help you out properly.
Do not risk facing litigation in court and cooperate carefully with them instead. Ignoring the letter in the hopes that they will not come after you is not an option but you have to negotiate with them the best settlement as much as possible. Make certain that all the information found during the auditing procedures would be unusable on court but for settlement purposes only be having a confidentiality contract.
Buying the license after receiving the letter will not help you in resolving the infringement issue. And uninstalling will neither help your case as well. There is always a chance of having shortages on licenses even among the most careful companies so you could investigate where the unlicensed one is installed and check when it was. The user of that unit may happen to be the informant so you could also start an investigation about it.
Carefully preserve the evidences and keep it confidential so you can protect it from being discovered during the unlucky chance of facing litigation. Have your attorney oversee all auditing procedures and let him supervise the IT staffs to prevent them from disclosing unnecessary information. If your IT staff will be the only one preparing the audit report, there might be things that can be used against you so let your attorney help.
Consider implementing a software asset management or SAM if you do not have it yet. This would help you have updated licenses in the future which will help in keeping the BSA away from your company. You can send this as a compliance plan to them to show that you are serious in making things right.
Send your audit results once it is done but remember to indicate its confidentiality and that it would not be usable in a court of law. You can now wait for their response and send any other information that they require but always make sure to always have a confidentiality notice. If ever they send an email to you stating false facts, refute and rebut it with respect and firmness as not to appear contentious.
Negotiate for a possible settlement that could be complied by you. Do not readily agree on anything specially if the settlement price is too high and negotiate for a better deal. When you have come on an agreement, have a written release from them and a confidentiality contract, preventing the public from knowing this.
The BSA or Business Software Alliance is an enforcement agency funded by interested companies to check on companies regarding the legalities of the applications they are using. Receiving a BSA audits letter means that they are starting an investigation regarding your usage of their licensed products. Here are some helpful tips whenever you found that particular letter in your mailbox.
Prepare and look for a legal counsel upon receiving from BSA the audit request letter. They have lawyers that are experts with regard to copyright laws so having your own legal experts is a must. Your lawyer must be experienced in dealing with cases that are complicated such as these in order for him to be able to help you out properly.
Do not risk facing litigation in court and cooperate carefully with them instead. Ignoring the letter in the hopes that they will not come after you is not an option but you have to negotiate with them the best settlement as much as possible. Make certain that all the information found during the auditing procedures would be unusable on court but for settlement purposes only be having a confidentiality contract.
Buying the license after receiving the letter will not help you in resolving the infringement issue. And uninstalling will neither help your case as well. There is always a chance of having shortages on licenses even among the most careful companies so you could investigate where the unlicensed one is installed and check when it was. The user of that unit may happen to be the informant so you could also start an investigation about it.
Carefully preserve the evidences and keep it confidential so you can protect it from being discovered during the unlucky chance of facing litigation. Have your attorney oversee all auditing procedures and let him supervise the IT staffs to prevent them from disclosing unnecessary information. If your IT staff will be the only one preparing the audit report, there might be things that can be used against you so let your attorney help.
Consider implementing a software asset management or SAM if you do not have it yet. This would help you have updated licenses in the future which will help in keeping the BSA away from your company. You can send this as a compliance plan to them to show that you are serious in making things right.
Send your audit results once it is done but remember to indicate its confidentiality and that it would not be usable in a court of law. You can now wait for their response and send any other information that they require but always make sure to always have a confidentiality notice. If ever they send an email to you stating false facts, refute and rebut it with respect and firmness as not to appear contentious.
Negotiate for a possible settlement that could be complied by you. Do not readily agree on anything specially if the settlement price is too high and negotiate for a better deal. When you have come on an agreement, have a written release from them and a confidentiality contract, preventing the public from knowing this.
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