If you have been contacted by bsa the software alliance, you need experienced counsel to protect your business. Companies like microsoft and autodesk and the business software alliance bsa work as an industry trade group to protect their greatest asset their software products. An attorney experienced with software audit matters can help ensure that information disclosed to the auditing entities is protected from being used against the. How to handle business software alliance audit demand. The business software alliance, also known as bsa, is a trade group established by the microsoft corporation in 1988 and represents a number of the worlds largest software makers and is a member of the international intellectual property alliance. What you need to know if you receive a letter from bsa the. What the business software alliance audit letter does, is it identifies that it represents various entities, such as microsoft, adobe, acrobat and various others and the.
Business letters form an important way of communicating in the business world. According to chicago outplacement firm challenger, gray and christmas, nearly 2 million people were laid off in 2001. Businesses sometimes find themselves the recipients of a letter from the business software alliance bsa demanding an audit and accounting of software installed on company computers. The audit is used to determine if all the software available for use is properly licensed and paid for by the business. The business software alliance bsa, an association comprised of leading software publishing companies, has received information that company may have installed illegally duplicated ed software programs on its computers. Keelin hargadon businesses sometimes find themselves the recipients of a letter from the business software alliance bsa demanding an. The business software alliance, an international antipiracy software. In general, some of the important things to keep in mind are. The business software alliance is the leading advocate for the global software industry before. The business software alliance bsa, an association comprised of leading software publishing companies, has received information that company may have. For those who have received a demand letter from the business software alliance, here is something you should know. I have had similar run ins with the federation against software theft fast and politely told them to push off as they had no jurisdiction. Feb 08, 2016 companies like microsoft and autodesk and the business software alliance bsa work as an industry trade group to protect their greatest asset their software products, and this means that if.
The business software alliance, also known as bsa, is a trade group established by the microsoft corporation in 1988 and represents a number of the worlds largest software makers and is a. A selfaudit consists of a listing of all bsa member software running on a companys computer networks, appropriate indicia of ownership for the. What to do when your business receives a letter from the. We have discussed strategies to fight the business software alliance in many different blogs and. The saying time is money is followed quite religiously in this sector. The business software alliance bsa bullies small companies that cant present the single piece of evidence it considers acceptable as proof of software ownership. The bsas methodology for calculating fines starts by treating as unlicensed all software products for which there is a lack of adequate documentation, including dated proofs of purchase. Nov 16, 2014 if your business received a software audit letter from the bsa business software alliance you need to understand how they work, and how they negotiate their settlement contracts. The problem demands targeted legislative solutions that balance the scales in the legal system to make life harder for bad actors and better for innovators. The typical legal demand letter from the bsa or siia will ask you to audit some or all of their members software. What the business software alliance audit letter does typepad. Bsa the software alliance fullservice business law firm. Baseline talked to the experts whove directly dealt with the business software alliance, and weve compiled an 8 step guideline process for handling the aftermath of receiving an intimidating audit letter lets face it, software asset management sam might be a best practice, but there are still plenty of organizations out there who havent instituted sam due to a lack of resources or. The incumbent will develop knowledge of bsa, its members, and policy issues affecting the software industry in the region, including privacy, cybersecurity, law enforcement access and encryption, digital trademarket access barriers, emerging technologies such as artificial intelligence, internet of things, etc.
I had a client get a letter from bsa several years back. Is it the business software alliance bsa, or the software information industry association siia. Learn about bsas work on responsible ai, protecting consumer privacy, strengthening cybersecurity, promoting crossborder data, and helping people train for the future. Resume samples for alliance managers make display of the following duties. We have discussed strategies to fight the business software alliance in many different blogs and videos. If the reward requirements have been met, then bsa will consider you for a reward. I am an intellectual property attorney who has handled more than 230 business software alliance audit matters for small to mediumsized companies. The business software alliance bsa is not law enforcement. Dec 21, 2015 what to do when you get a letter from the business software alliance. Business software alliance bsa audits by attorney steve. A business software alliance bsa audit is usually initiated with a letter from the bsa stating that an investigation has been started on your business and that you should. All proofs of purchase must be dated prior to the software alliances initial letter to be considered valid evidence. Companies like microsoft and autodesk and the business software alliance bsa work.
We received a letter from the business software alliance. Alliance managers help achieve company growth by finding company partners. Oct 20, 2015 a business software alliance bsa audit is usually initiated with a letter from the bsa stating that an investigation has been started on your business and that you should comply with a selfaudit to avoid litigation and other legal hassles. What to do when you receive a bsa audit letter by ericka chickowski print baseline talked to the experts whove directly dealt with the business software alliance, and weve compiled an 8 step guideline process for handling the aftermath of receiving an intimidating audit letter. The alliance includes the majority of leading software publishers. Kagetsuki writes weve just gotten a letter from an attorney representing the business software alliance stating someone were certain its a disgruntled former employee submitted information we are using illegally copied software. What you need to know if you receive a letter from bsa. Risky business tangling with the business software. They are known as the software cops or software police to many, but they are not law enforcement. Dale thompson dba appletree solutions and the business software alliance. Our lawyers have the legal and technical expertise to defend your business through every step of the bsa audit process. It may be surprising to learn that the business software alliance bsa actually hires law firms to send letters threatening its own business.
Bsa the software alliance is an advocate for public policies that foster technology innovation and drive economic growth. The incumbent will develop knowledge of bsa, its members, and policy issues affecting the software industry in the region, including privacy, cybersecurity, law enforcement access and. What to do when you get a letter from the business software alliance. If you violate the terms of the license, or make unauthorized copies, you might get a letter from the bsa seeking to audit your business. They were a family run business with all of 4 computers. Business software alliance dirty tricks update network world. Bsa the software alliance s primary enforcement tool is to send a threatening letter indicating that an investigation has commenced and offering to forego litigation if the target company provides a selfaudit. In other words, the attorney for the business can draft and negotiate a confidentiality agreement between the business client and the auditing organziation. Jul 12, 2016 an attorney experienced with software audit matters can help ensure that information disclosed to the auditing entities is protected from being used against the business at trial. Bsas policy team works with governments and public. How to respond to a bsa or siia software audit letter. For those who have received a demand letter from the business software alliance, here is something you. Accused of software piracy by bsa the software alliance.
Whatever be the reason of writing, keep your business letters short. Once an informant provides a tip, the bsa sends a cease and desist letter andor a letter requesting an audit. How to negotiate a settlement agreement with the business. When you buy software to use on the computer it comes with a license. Business software alliance explained vondran legal. The business software alliance, an international antipiracy software industry. I am an intellectual property attorney in southlake, texas who has handled more than 230 business software alliance audit matters for small to mediumsized companies. What the business software alliance audit letter does the letter goes on to state that the recipient has been identified as somebody that could be using those various pieces of software without proper licensing, as a result, they say that that person receiving the letter may be in violation of the act in the united states. Apply to alliance manager, android developer, systems administrator and more. What you need to know if you receive a letter from bsa the software alliance. Lawyer up whatever you say to the bsa reps will be used against you as they say. If your business received a software audit letter from the bsa business software alliance you need to understand how they work, and how they negotiate their settlement.
It may be surprising to learn that the business software alliance bsa actually hires law firms to send letters threatening its own business customers that they may be liable. Sep 30, 20 when you buy software to use on the computer it comes with a license. B s a business software alliance nonprofit explorer. Mar 12, 2016 the first thing i do when i look at an audit letter is to see who is sending the letter. Bsas policy team works with governments and public stakeholders across the globe to provide the support that companies need to deal with issues such as data sovereignty, data privacy, data security, intellectual. What i learned in the last 10 years defending bsa the. This blog will provide business owners with a general legal overview of the top 5 settlement terms you need to know. How to respond to a bsa or siia software audit letter without. Business software alliance company the bsa was created by microsoft in 1988 in an attempt to combat software theft.
A reward will be paid only if bsa pursues an investigation and, as a direct result of the information provided by you, receives a monetary settlement from the reported organization. The letter is an invitation to resolve what the business software alliance bsa believes to be infringement, often called software piracy, without formal. Feb 27, 2014 i am an intellectual property attorney who has handled more than 230 business software alliance audit matters for small to mediumsized companies. Our lawyers have the legal and technical expertise to defend your business through. What the business software alliance audit letter does. It is a formal letter and should be written in a formal style with a cordial tone. A ccused of software piracy by bsa the software alliance. Have you received an audit letter from bsa business. In our experience, the bsa has referred to the appletree case adobe systems incorporated v.
For the last ten years, i have been representing enduser companies nationally in software audit matters initiated by major software publishers including microsoft, adobe, autodesk, ibm and their trade groups. The letter is an invitation to resolve what the business software alliance bsa believes to be infringement, often called software piracy, without formal litigation. Jan 06, 2014 i have had similar run ins with the federation against software theft fast and politely told them to push off as they had no jurisdiction. How to handle a business software alliance audit dtech. Failing to respond to a letter from the bsa, siia, or software publisher, will likely make your problems worse and could include litigation against. Is it the business software alliance bsa, or the software information industry. The type of audit depends on the circumstances and can be done by the business or conducted by an outside party. How to respond to a bsa the software alliance audit letter. When they ask you to audit all of your computers, laptops, servers at all. Nonprofit explorer has organizations claiming tax exemption in each of the 27 subsections of the 501c section of the tax code, and which have filed a form 990, form 990ez or form 990pf. Business turnaround specialists is a unit of cedar point consulting, a business management consulting firm based in washington, dc, with additional offices in new york city. What to do when your business receives a letter from the bsa. Businesses sometimes find themselves the recipients of a letter from the business software alliance bsa demanding an audit and accounting of software installed on company.
Your first option is to choose to ignore the letter. Software infringement cases appear to be on the rise. Bsa the software alliances primary enforcement tool is to send a threatening letter indicating that an investigation has commenced and. Kagetsuki writes weve just gotten a letter from an attorney representing the business software alliance stating someone were certain its a disgruntled former employee submitted. They ignored the letter and never heard from them again. The requested audit is meant to uncover unauthorized installations of ed software with the intent of recovering damages on behalf of the bsa owner. Learn about bsas work on responsible ai, protecting consumer privacy. Baseline talked to the experts whove directly dealt with the business software alliance, and weve compiled an 8 step guideline process for handling the aftermath of receiving an intimidating. However, be certain that the process is adversarial, just like any threat of litigation.
How to handle business software alliance audit demand letters. Our members create innovative software that improves peoples lives and grows the economy. Its principal activity is trying to stop infringement of software produced by its members. Apr 25, 2014 the business software alliance bsa is not law enforcement. The first thing i do when i look at an audit letter is to see who is sending the letter. The software alliance, also known as bsa, is a trade group established by microsoft corporation in 1988 and representing a number of the worlds largest software makers and is a member of the international intellectual property alliance. Abusive patent litigation creates a heavy burden for companies across the us economy slowing innovation, undermining competitiveness and stunting economic growth. I opened the daily mail to find a letter from the business software alliance indicating that they wanted me to call them to schedule a visit for a.
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