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.
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.
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.
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 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.
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.
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 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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