Different kinds of software are being used by companies for various purposes. You must purchase these or have the proper licenses to be able to legally use them on your company computers. But there are times that you will be unable to assess all of your computers and their applications due to their numbers so having an unlicensed software in one of them is possible.
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.
Do not risk facing litigation in court and cooperate carefully with them instead. Ignoring the letter in the hopes that they will not come after you is not an option but you have to negotiate with them the best settlement as much as possible. Make certain that all the information found during the auditing procedures would be unusable on court but for settlement purposes only be having a confidentiality contract.
Buying licenses after having received the letter will be of no help in resolving the issue. Uninstalling them will not help as well. Shortages in licenses is common in companies, even those who are very careful, so investigate and find out which computer the unlicensed software is installed and when. Your employee who uses that unit may be an informant so investigate accordingly.
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.
When it is done, send the results of your audits but make sure to include a confidentiality clause to prevent them from using it on court. Wait for a response and send more information if request but with the confidentiality clause. Rebut and refute it if ever they send a response with untrue facts but do it in respectful way with firmness so you will not 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.
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.
Do not risk facing litigation in court and cooperate carefully with them instead. Ignoring the letter in the hopes that they will not come after you is not an option but you have to negotiate with them the best settlement as much as possible. Make certain that all the information found during the auditing procedures would be unusable on court but for settlement purposes only be having a confidentiality contract.
Buying licenses after having received the letter will be of no help in resolving the issue. Uninstalling them will not help as well. Shortages in licenses is common in companies, even those who are very careful, so investigate and find out which computer the unlicensed software is installed and when. Your employee who uses that unit may be an informant so investigate accordingly.
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.
When it is done, send the results of your audits but make sure to include a confidentiality clause to prevent them from using it on court. Wait for a response and send more information if request but with the confidentiality clause. Rebut and refute it if ever they send a response with untrue facts but do it in respectful way with firmness so you will not 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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