News and Events for Attorneys and Executives

Tag: SoftwareLicensing

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Prevent Autodesk Business Disputes from Turning into an Audit

Insight
Keli Johnson Swan of Scott & Scott LLP offers some tips for navigating the self-assessment process and reaching a resolution for any licensing disputes for AutoDesk.

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BSA Software Audit Updates: Membership Changes and Impact on Audits

BSA Software Audit Updates: Membership Changes and Impact on Audits

Insight
The changes to the BSA’s membership may affect the scope of the audit, and a company targeted by the BSA should take the following steps to mitigate its exposure.

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How to Contend with Oracle’s Many Licensing Policies

Insight
It is common practice for software publishers to incorporate by reference various licensing rules and policies to govern the usage of the publishers’ software products, writes Christopher Barnett of Scott & Scott LLP.

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Dealing With Oracle’s Aggressive Audit Program

Dealing With Oracle’s Aggressive Audit Program

Insight
Christopher Barnett of Scott & Scott LLP discusses some of the most important audit risks to keep in mind when using Oracle products.

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Managing Audits to Prevent Unauthorized Disclosures by Technology Teams

Insight
Keli Johnson Swan of Scott & Scott LLP discusses the problems that can arise when, employees responding to a software audit request do not understand the request and provide inaccurate or incomplete informationips to minimize unauthorized disclosures and to avoid potential liability.

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Settlement Structuring for IBM Audits

Settlement Structuring for IBM Audits

Insight
Christopher Barnett of Scott & Scott LLP offers some advice on subjects to keep in mind when negotiating a software audit resolution with IBM.

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The Art of Negotiating a Software Audit

The Art of Negotiating a Software Audit

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You have more room to negotiate an audit than you likely realize. Here are some questions to keep in mind when you negotiate with software publishers demanding audits across your enterprise IT infrastructure.

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Webinar: Successfully Defending Software Audits

Event, Jan. 31, 11 a.m. CDT
Properly preparing for and responding to software audits can reduce the financial and organizational impact on your business. Businesses that are most prepared and properly represented will have the greatest success in defending the inevitable software audit.

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Be Cautious in Navigating Microsoft’s Forest of EA Documents

Be Cautious in Navigating Microsoft’s Forest of EA Documents

Insight
Microsoft occasionally will incorporate substantive or potentially substantive language in forms that otherwise would appear to have only administrative purposes, writes Christopher Barnett of Scott & Scott LLP.

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Managing Risks in the Software Audit Process

Insight
Following each unsuccessful audit, there’s a greater chance your company will be audited again and every audit is time-consuming, stressful and potentially damaging to your bottom line. So what can be done?

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Key Provisions in Software Settlement Agreements

Insight
Keli Johnson Swan of Scott & Scott lists some of the provisions that should be carefully considered before executing a software audit settlement agreement.

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Top Tips for Post-Audit Software Remediation

Insight
Because many companies are weary from the time and expense incurred during the course of the audit, some do not take the remediation process seriously. This article provides tips for remediation to ensure the post-settlement obligations are met and the release of liability is secured.

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Software Audits | A Legal Perspective – Webinar

Event, Nov. 2, 11 a.m.
Software attorney Robert J. Scott will give real world examples of what happens when software audits wind up in court when he presents a 60-minute complimentary webinar Wednesday, Nov. 2, beginning at 11 a.m. CST.

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Burden of Proof in Copyright Infringement Matters

Insight
In a civil copyright infringement claim, many users of copyrighted material are surprised to learn that once the copyright owner has demonstrated that it owns a copyright in the work, the burden shifts to the copyright user to demonstrate that it had the right to use the work in the way it was using it.

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Negotiating Software Contracts – Indemnification Section (Parts 2 & 3 of 3)

Insight
Stephen F. Pinson of Scott & Scott, LLP discusses questions that licensors and licensees should ask when negotiating an indemnification provision within a software contract.

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Licensing Implications of Oracle’s NetSuite Acquisition

Insight
NetSuite’s customers soon may notice some pretty significant changes, at least on the purchasing and contracting side, now that Oracle is working to acquire NetSuite for approximately $9.3 billion, writes Christopher Barnett of Scott & Scott LLP..

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Lessons Learned in Over 500 Software License Disputes

Lessons Learned in Over 500 Software License Disputes

Insight
Regardless of whether the publisher is Microsoft, Adobe, Autodesk, Oracle, IBM or any of their trade groups including the BSA | The Software Alliance, Robert Scott of Scott & Scott LLP sees common issues.

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Software Contracts – Successfully Negotiating an Indemnification Section (Part 1 of 3)

Insight
Jeff Pinson of Scott & Scott, LLP, says that, beecause Indemnification is a risk transfer mechanism, it is crucial to understand the provision and to successfully negotiate it to prevent unwanted risk.

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How Binding Is Your Browsewrap Agreement?

How Binding Is Your Browsewrap Agreement?

Article
With a browsewrap agreement, the user’s assent to the agreement’s terms is inferred from the user’s use of the website, write Carolyn S. Toto and Kimberly Buffington of Pillsbury Winthrop Shaw Pittman.

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Important Tips for Resolving an SIIA Audit During or Immediately After a BSA Audit

Important Tips for Resolving an SIIA Audit During or Immediately After a BSA Audit

Article
Once a sotware audit inquiry is initiated, it can be difficult to convince the auditor to disengage. However, there are a few important tips to cope with an SIIA audit after a BSA audit.

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