CHECKLIST – RESPONDING TO A SOFTWARE AUDIT
For our resource center go to – www.SoftwareAuditLawyers.com Here are some of the main things to think about when your company gets a software audit letter from software trade associations such as the Software Information Industry Association (“SIIA”), Autodesk (usually dealing with their Autocad! Software), Microsoft (ex. a SAM audit, license verification process, or sometimes a letter directly from Microsoft in-house counsel), or the Business Software Alliance (“BSA”). We can help you answer these questions and offer a FREE INITIAL CONSULTATION by calling (877) 276-5084. 276-5084. Who was the letter addressed to? Is it your company, or sometimes it is a “sister” company will be the one that has infringing software. How do you respond in this this circumstance? Respond for one? Respond for both? Who does the sender of the letter represent? The BSA? SIIA? Software publisher (ex. Rosetta Stone, Minitab, Symantec, Apple, IBM, Oracle)? What types of software programs are they seeking to audit? Is it just one line of software (ex. just Microsoft products)? Or multiple products (which can occur with SIIA and BSA). Is there a way to get the intellectual property lawyer that sent you the letter to LIMIT THE SCOPE OF THE AUDIT? Is there a deadline to respond to the audit? Can this be extended? Do you need a copyright lawyer to represent you?
Is there a way to ensure that the audit results will be held STRICTLY CONFIDENTIAL? Will the software company issue a press release calling your company a “software pirate?” What are the penalties for software infringement? $150,000 per work/title? What do the software companies consider to be “willful copyright infringement?” Will there be any criminal penalties or prosecutions if your company has NO licenses or severe and widespread licensing shortages? How did the BSA, SIIA, Microsoft or Autodesk (or some other publisher) find out about my company? Is there a way to SUE THE INFORMANT if they are committing acts of defamation, corporate espionage, extortion, or breach of contract (ex. employment contract, severance agreement, violating company policy, trade secret theft, etc.) Are informants motivated a reward (and if so, how might this affect the credibility of the information they provided)? Will the software company expose the name and identity of the informant? Is the informant protected by whistleblower laws? What is the best way to negotiate your case? What happens if the software publisher or their lawyers lawyers will not settle? Will a lawsuit be filed? Can I file bankruptcy to avoid a judgment against my company?
What do you do if you are asked to participate in a Microsoft SAM audit or license verification process while dealing with a simultaneous audit from another company (i.e. being “double teamed”)? Is it ever possible that officer and directors of the company accused of being a software infringer can face face civil or criminal criminal liability? If so, under what circumstances? How long will the software audit process last? If we are 100% the request for a software audit is COMPLETELY BOGUS what recourse does our business have to make this go away? What is the process for filling out the audit spreadsheet? Will my insurance company be obligated to pay the costs and damages? NOTE: We offer low flat rate legal fees to help make this a “ no-brainer .” .” You should concentrate on your business while we take care of your software compliance problems. DON’T PAY A LAW FIRM $10,000 TO $20,000 RETAINER FEES AND WATCH THEM BILL UP A STORM! Can we just destroy the evidence and buy new software to replace infringing software? What are the main defenses to a software audit / licensing shortage case? Is there anything else you think might be important for us to know. Gather documentation and discuss with a software attorney. We handle federal copyright cases across the United States. ____________________ __________ ____________________ ____________________ _____________________ _____________________ _______________ _____ We are a leader in the software audit legal business, call us at (877) 276-5084 for a free initial consultation. As discussed above, we offer low predictable flat rate fees to make having copyright counsel affordable. They have IP attorneys on their side, you should be represented as well.
For more detailed information and answers to many of the above questions, simply navigate to www.SoftwareAuditLawyers.com for www.SoftwareAuditLawyers.com a WEATLH OF INFORMATION. ____________________ __________ ____________________ ____________________ _____________________ _____________________ _______________ _____ Copyright 2016 Attorney Steve Media – All Rights Reserved. Any commercial use of this document is strictly prohibited.
THE LAW OFFICES OF STEVEN C. VONDRAN, P.C.
Federal Copyright Lawyer Lawyer
AZ#025911 / CA#232337
