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.
Look for and prepare a legal counsel when you received the audit request from BSA. They have expert lawyers when it comes to copyright laws so be prepared with your own legal experts. Your lawyer should have experiences with complicated cases just like these so he can properly help you out.
Carefully cooperate with them than risk facing litigation at court. Ignoring the letter and hoping they will forget about you will not be a good idea. Instead, negotiate with them the best possible settlement. Enter a confidentiality contract with their auditor so that the information which will be gathered during the audit would not be used against you as an admission of guilt.
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.
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 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 the best possible settlement that could be agreed upon. If they request a very expensive settlement, try your best to negotiate for a lesser one. You could state that you could go bankrupt if ever they will let you pay that amount. Then agree on terms of payment and the most important confidentiality clause to prevent the investigation from going public.
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.
Look for and prepare a legal counsel when you received the audit request from BSA. They have expert lawyers when it comes to copyright laws so be prepared with your own legal experts. Your lawyer should have experiences with complicated cases just like these so he can properly help you out.
Carefully cooperate with them than risk facing litigation at court. Ignoring the letter and hoping they will forget about you will not be a good idea. Instead, negotiate with them the best possible settlement. Enter a confidentiality contract with their auditor so that the information which will be gathered during the audit would not be used against you as an admission of guilt.
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.
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 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 the best possible settlement that could be agreed upon. If they request a very expensive settlement, try your best to negotiate for a lesser one. You could state that you could go bankrupt if ever they will let you pay that amount. Then agree on terms of payment and the most important confidentiality clause to prevent the investigation from going public.
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