In 2008, the business software alliance received more than 2,500 reports of illicit use of software by companies in the u. Software audits have become an increasingly common revenueleakage recovery. The business software alliance maintains telephone. A business software alliance team member will provide you with the latest information. Jul 12, 2016 there are two important considerations when responding to the bsa the software alliance that can help resolve the matter with the least costs and least amount of time.
Keelin hargadon businesses sometimes find themselves the recipients of a letter from the business software alliance bsa demanding an. The business software alliance is a private trade organization with absolutely no independent law enforcement authority. We are the voice of the worlds software, hardware and internet sectors before governments and with consumers in the international marketplace. As an intellectual property attorney in southlake, texas who has handled more than 230 business software alliance audit matters for small to. Bsa the software alliances primary enforcement tool is to send a threatening letter indicating that an. A bsa audit is a request, under threat of litigation, to compile a listing of all bsa member software products installed on the audited entitys computer network as of the audit effective date. Software audit risks what are the chances your company will.
B s a business software alliance nonprofit explorer. To ensure ongoing software compliance, the business has also agreed to undertake regular software audits and report to bsa. The bsa s members include the largest software publishing companies in the world and most notably, microsoft, adobe, symantec, network associates, autodesk and macromedia. The business software alliance is not afraid to audit your companys software assets and make you pay. What to do when your business receives a letter from the bsa. The following are a sample of some of the settlements we have been able to reach for our business clients in cases involving the business software alliance vero, siemens, vb conversions, and autodesk. After the selfaudit materials are submitted by the target of a bsa audit, the business software alliance typically takes three to six months to respond. Bsa the software alliance awards harbinger systems. Businesses sometimes find themselves the recipients of a letter from the business software alliance bsa demanding an audit and accounting of software installed on company computers. Most companies are totally unprepared for software audits initiated by software publishers and their trade associations such as bsa the. The requested audit is meant to uncover unauthorized installations of ed software with the intent of recovering damages on behalf of the bsa owner. Bsa the software alliance sent a letter to congress outlining the software industrys priorities for future covid19 relief legislation. New delhi, india september 28, 2015 bsa the software alliance today announced that it has awarded its software asset management sam based, verafirm certification to harbinger systems, a leading provider of software engineering services for product companies. Learn what the business software alliance is and what actions it takes to protect.
What you need to know if you receive a letter from bsa the. May 26, 2016 after the bsa receives results from an internal software audit, it is likely to make a demand that it considers a fine for illegal duplication or use of certain software products. Feb 18, 2004 bsa software audit will not trigger legal action. Properly preparing for and responding to software audits can reduce the financial and organizational impact on your business. Bsa software audit will not trigger legal action the register. The software alliance, also known as bsa, is a trade group established by microsoft in 1988 to. What i learned in the last 10 years defending bsa the software alliance audits. Most bsa audits begin with a report from a disgruntled employee or former employee. The business software alliance maintains telephone hotlines and a web site to encourage disgruntled employees and vendors to make anonymous reports against companies of all sizes. Business software alliance dirty tricks update network world.
A bsa audit is a request, under threat of litigation, to compile a listing of all bsa member software products installed on the audited entitys. What to do when you receive a bsa audit letter by ericka chickowski print baseline talked to the experts whove directly dealt with the business software alliance, and weve compiled an 8 step guideline process for handling the aftermath of receiving an intimidating audit letter. The bsas members include the largest software publishing companies in the world and most notably, microsoft, adobe, symantec, network associates, autodesk and macromedia. How to respond to a bsa or siia software audit letter without an. The bsa is still doing audits, but many vendors, because of their need to drive revenue, have taken on the task of doing audits themselves, stoops said. Many microsoft eulas include a clause requiring users to agree to audits by software companies. Bsa the software alliance bsa is the leading advocate for the global software industry. As it is an independent organization, would it be better to face a bsa audit rather than a microsoft audit. The business software alliance maintains telephone hotlines and a web site to encourage disgruntled employees and vendors to make anonymous reports. How to handle business software alliance audit demand letters. The business software alliance bsa bullies small companies that cant present the single piece of evidence it considers acceptable as proof of software ownership.
This law firm has been retained by the bsa the software alliance in connection with its investigation of possible instances of illegal duplication of certain software companies proprietary software products. Through years of helping more than 250 clients navigate the. As a verafirm certified organization, harbinger can exponentially improve its business efficiencies and minimize risk, through. Hiring an attorney is one of the most important considerations even if a business fully understands the circumstances. Its members are among the worlds most innovative companies, creating software solutions that spark the economy and improve modern life. Sample of autodesk, siia and bsa software settlements. What i learned in the last 10 years defending bsa the software. Solved anyone have recent experience dealing with the. Baseline talked to the experts whove directly dealt with the business software alliance, and weve compiled an 8 step guideline process for handling the aftermath of receiving an intimidating audit letter lets face it, software asset management sam might be a best practice, but there are still plenty of organizations out there who havent instituted sam due to a lack of resources or. The audit effective date is the date on the bsa initial letter requesting an audit. For the last ten years, i have been representing enduser companies nationally in software audit matters initiated by major software publishers including microsoft, adobe, autodesk, ibm and their trade groups. Bsa inc washington, dc 200016700 taxexempt since sept.
For over a decade i have represented scores of corporate clients from all over the country in software audits and license disputes involving the business software alliance or bsa. There are three important differences between bsasiia audits and software publisherinitiated audits. Please note that the investigative process is very thorough and can take several months for significant developments. If you violate the terms of the license, or make unauthorized copies, you might get a letter from the bsa seeking to audit your business. But the business software alliance bsa, the software industrys vendorbacked licensingenforcement organization, rarely shows mercy to. Baseline shows you how to avoid them altogether in 8 easy steps the fear of a business software alliance bsa audit has caused many a sleepless night among senior executives and it professionals over the past two decades. Mar 12, 2016 is it the business software alliance bsa, or the software information industry association siia these are two of the large software trade groups that routinely audit business. Bsa licensing audits following on from my post about microsoft licensing options, i thought it prudent to cover what may happen if your licensing isnt in order and you end up getting audited. Bsa the software alliance s primary enforcement tool is to send a threatening letter indicating that an investigation has commenced and offering to forego litigation if the target company provides a selfaudit. Increased reward to drive awareness of cybersecurity risks posed by use of unlicensed software. Bsa the software alliance archives microsoft audits.
Bsasiia audits and software publisherinitiated audits. The bsa business software alliance represent many vendors, not just microsoft so are the most likely ones to be involved with an audit. Jan 06, 2014 those offices felt it took too long to order software through proper channels, so they would go to their local computer store, buy whatever they needed, and expense it. The bsa s response provides its interpretation of the selfaudit materials and applies a formula for its initial settlement proposal.
Problem was, they never saved paperwork or license numbers. The fine can be a shockingly high amount based on the software allegedly illegally copied. The business software alliance bsa is the foremost organization dedicated to promoting a safe and legal online world. How to handle business software alliance audit demand. At some point in time, most companies will face a software audit. The first thing i do when i look at an audit letter is to see who is sending the letter. Bsas misleading and unsavory tactics in software audits. Bsa members represent the fastest growing industries in the world. What i learned in the last 10 years defending bsa the. Have you received an audit letter from bsa business. How do bsasiia and software publisherinitiated audits differ. When we were audited we had legally purchased software, just couldnt prove it. Bsa the software alliance spends substantial resources marketing to disgruntled employees and vendors to encourage them to rat on your.
These are sample cases only and past performance is no guarantee or prediction in your case. Bsa the software alliance increases cash reward up to. Jan 28, 2014 auditing used to be carried out primarily by the vendorfunded business software alliance bsa, but thats changing, according to dawson stoops, a cofounder and vp of sales at express metrix. Sep 30, 20 when you buy software to use on the computer it comes with a license. Apr 18, 2002 maintaining proper software licensing may be a challenge, but the consequences of noncompliance can be staggering. The business software alliance last week launched a software detox initiative to help organisations check their software licenses. The software alliance, also known as bsa, is a trade group established by microsoft corporation in 1988 and representing a number of the worlds largest software makers and is a member of the international intellectual property alliance. Software piracy is big business and bad for it as a whole, so someone has to police it. The most likely explanation is that you were chosen randomly. I am an intellectual property attorney in southlake, texas who has handled more than 230 business software alliance audit matters for small to mediumsized companies. Its principal activity is trying to stop infringement of software produced by its members. These audits can also be triggered when two companies merge.
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