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.
An enforcement agency called Business Software Alliance that is being funded by the software companies to check on other companies that may be using their products illegally. They will send letters to suspected companies for BSA audits and will commence an investigation after. Here are a few tips upon receiving such a letter from them.
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.
Cooperate with them rather than face litigation at civil court but carefully. Do not ignore the letter and hope that they would not follow it up but instead coordinate with them and negotiate for the best settlement possible. Also make sure that the information that would be found during the audits will not be used against your company as an evidence of admission and will be used for settlement only by entering into a contract with their auditor.
Buying licenses after having received the letter will be of no help in resolving the issue. Uninstalling them will not help as well. Shortages in licenses is common in companies, even those who are very careful, so investigate and find out which computer the unlicensed software is installed and when. Your employee who uses that unit may be an informant so investigate accordingly.
Careful preservation and keeping the evidences confidential must be done as to prevent them from being discovered if ever you will be facing litigation. Have an attorney oversee the procedures during the audits and let the IT staffs be supervised by him to prevent unnecessary information from being disclosed. If not prepared properly with the help of your attorney, your IT staff might put more information than necessary in the audit response.
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 the results after they are done and make sure to indicate a confidentiality clause in order to prevent them from using the data against you in court. Send addition information if request while waiting for their response. If they state something false in their response, respectfully refute and rebut it but do not appear to be contentious by being firm.
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.
An enforcement agency called Business Software Alliance that is being funded by the software companies to check on other companies that may be using their products illegally. They will send letters to suspected companies for BSA audits and will commence an investigation after. Here are a few tips upon receiving such a letter from them.
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.
Cooperate with them rather than face litigation at civil court but carefully. Do not ignore the letter and hope that they would not follow it up but instead coordinate with them and negotiate for the best settlement possible. Also make sure that the information that would be found during the audits will not be used against your company as an evidence of admission and will be used for settlement only by entering into a contract with their auditor.
Buying licenses after having received the letter will be of no help in resolving the issue. Uninstalling them will not help as well. Shortages in licenses is common in companies, even those who are very careful, so investigate and find out which computer the unlicensed software is installed and when. Your employee who uses that unit may be an informant so investigate accordingly.
Careful preservation and keeping the evidences confidential must be done as to prevent them from being discovered if ever you will be facing litigation. Have an attorney oversee the procedures during the audits and let the IT staffs be supervised by him to prevent unnecessary information from being disclosed. If not prepared properly with the help of your attorney, your IT staff might put more information than necessary in the audit response.
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 the results after they are done and make sure to indicate a confidentiality clause in order to prevent them from using the data against you in court. Send addition information if request while waiting for their response. If they state something false in their response, respectfully refute and rebut it but do not appear to be contentious by being firm.
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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