Companies use various applications for various purposes they need to do. Most of these software need to be bought or have the proper license that will allow you to install and use them in your company computers. But due to the quantity of computers you have, you may not be able to keep track of all the applications they are using and some may be unlicensed ones.
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.
Seek a legal counsel as soon as you received a request for audit from the BSA. They have lawyers at their disposal who are experts in copyright laws so you must look for one as well. Your lawyer must have an experience in dealing with complicated cases like these to properly help you out on the things need to be done.
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.
Purchasing licenses after the letter has been received will not help your cause. Even uninstalling them during the audit would be of no help either. License shortages are common in companies, even among those who were very careful. Investigate when and which unit has the unlicensed products installed and check its user. He may be an informant of the BSA so investigate carefully.
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.
Start considering software asset management if you have not yet. This will help in keeping your licenses updated and may prevent future problems with BSA. Present this as part of your compliance plan to them so you can show them your seriousness in righting things with them.
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 settlement that you could possibly able to comply. Do not agree with a high price of settlement as much as possible and seek for other options. Settle your case with a written release settlement agreement with a clause of confidentiality.
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.
Seek a legal counsel as soon as you received a request for audit from the BSA. They have lawyers at their disposal who are experts in copyright laws so you must look for one as well. Your lawyer must have an experience in dealing with complicated cases like these to properly help you out on the things need to be done.
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.
Purchasing licenses after the letter has been received will not help your cause. Even uninstalling them during the audit would be of no help either. License shortages are common in companies, even among those who were very careful. Investigate when and which unit has the unlicensed products installed and check its user. He may be an informant of the BSA so investigate carefully.
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.
Start considering software asset management if you have not yet. This will help in keeping your licenses updated and may prevent future problems with BSA. Present this as part of your compliance plan to them so you can show them your seriousness in righting things with them.
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 settlement that you could possibly able to comply. Do not agree with a high price of settlement as much as possible and seek for other options. Settle your case with a written release settlement agreement with a clause of confidentiality.
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