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.
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.
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.
Preserve the evidences carefully and with confidentiality so that it will be protected from being discovered in case you will face litigation. Have an attorney to oversee the auditing procedures and supervise the IT staffs so that they will not give more information than necessary. An audit response solely prepared by your IT staff may be used against you if not properly prepared with the help of your legal counsel.
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.
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.
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.
Preserve the evidences carefully and with confidentiality so that it will be protected from being discovered in case you will face litigation. Have an attorney to oversee the auditing procedures and supervise the IT staffs so that they will not give more information than necessary. An audit response solely prepared by your IT staff may be used against you if not properly prepared with the help of your legal counsel.
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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