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License compliance

Every organization uses software. The use of this software is subject to conditions, which are often defined in license terms. These may include limited numbers of users or use of certain versions of the software.

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The BSA tracks down "pirated software" on behalf of major U.S. software vendors such as Microsoft, Oracle, Autodesk and Adobe. In doing so, they pretend to be "software police," but are simply the software industry's own club. When the BSA does indeed find pirated software, you get a bill for unpaid license fees plus hefty "fines.

So it is quite possible that the BSA may find that you are operating illegally, without your knowledge.

What can you do to avoid the BSA?

  • Implement tight license management and regularly check your systems for illegal copies of software. Often the danger is hidden, e.g., on a PC of a departed employee of yours.
  • Use scanning tools that allow you to scan your systems and PCs; IT service providers can also do that for you.
  • We can assist and advise you with a risk assessment and a review of licenses and conditions.

What can you do in the event of a BSA raid?

  • Call us immediately and send the bailiff's documents to us. We can check if it is correct. If the formalities are in order (court leave), you should cooperate and allow the bailiff and IT expert access. They will search all the company's computers.
  • Ask for identification of those who want to enter and check from the papers who should be admitted. In principle, the BSA himself is not welcome unless specified in the leave.
  • Try to keep an eye on what the bailiff and IT expert are doing.
When pirated software is found, you usually get a settlement offer. This may be negotiable. So don't pay the proposed amount right away. For example, it is questionable whether the calculation of license fees in your case is correct and "fines" were rightly imposed. Often the BSA is only doing a slap in the face with the claim of license fees, costs and fines. Moreover, it is uncertain whether the software vendor is entitled to payment of a "fine" (actually damages) if you still pay all license fees.

You can take advantage of our extensive experience with BSA issues and our knowledge of IT law to minimize the damage.

More information?

If you would like more information about license compliance, please contact us.

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