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 including the bsa the software alliance. Through our collaboration with these agencies, media outlets, and local. The process begins with a letter from the bsa directing a business to conduct an audit of the software installed on machines used for the business. Members of this group include many wellknown faces, including ibm, adobe, trend micro, apple, and microsoft. Business software alliance bsa increases software piracy. They are known as the software cops or software police to many, but they are not law enforcement. May 10, 2018 protecting your business from a bsa audit and software piracy claims may 10, 2018 in recent years, a growing number of businesses have discovered that missteps related to software licensing regardless of how minor are unlikely to be tolerated and will be met with relentless vigor. Duplicated download links may be due to resubmissions or amendments to an organizations original return. Vap can be paid for by the auditee andor customers of the auditee. The best proof in a bsa the software alliance audit is dated proofs of purchases from authorized resellers. Bsa the software alliance is a private trade organization with absolutely no independent law enforcement authority. Business software alliance bsa audits by attorney steve. How to respond to a bsa or siia software audit letter. Protecting your business from a bsa audit and software piracy.
There is even a facebook page devoted to this campaign that seems to have been abandoned, but still provides evidence that bsa was speaking to a very. Bsas members include the largest software publishing companies in the world and most notably, microsoft, adobe, symantec, intuit, autodesk and mcafee. The way to achieve this is to run a comprehensive audit to identify and eliminate the kind of software that would interest bsa. 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. How to handle a business software alliance audit dtech. The business software alliance bsa has settled outofcourt with a quebec company, reaching a settlement over litigation for infringement. The software alliance audit procedures bsa audit defense. The usbased business software alliance bsa, an industry group representing the worlds leading computer software developers, ranked lebanon in 39th place worldwide and fifth in the middle east and north africa region mena in terms of piracy rate in 2009, as reported by lebanon this week, the economic publication of the byblos bank group. Although it may read like a bad joke or a scam, infact it is a frequent practice by software vendors or their agents such as the bsa or siia software and information industry association to demand that you perform an audit of the software used at your business, report the results, and payup if there is any alleged deficiency in your. Is the business software alliance bombarding the detroit airwaves because theres a large pool of disgruntled former employees in the area. The business software alliance is the leading advocate for the global software industry before. The business software alliance 818 words 4 pages the business care for taking control of your computers software licenses the business software alliances bsa claim that 90% of all audit letters sent in 2012 resulted from whistleblowers tip offs should be a wakeup call to cios. The business software alliance bsa are an international body that are financed by the biggest software companies on the planet bsa members.
Software audits suck especially when dealing with large trade groups such as the bsa business software alliance. Some of the top software companies in the world are member of bsa. Bsa the software alliance investigates all reports of software piracy without independently confirming the veracity of the information provided or the motive of the person making the complaint. How to handle business software alliance audit demand letters. Most bsa audits begin with a report from a disgruntled employee or former employee. Bsa also fights against software piracy and conducts audits on companies that.
Business software alliance settles with quebec company over. Additionally, the alliance will help public companies optimize current revenue recognition processes through automation. For the last ten years, i have been representing enduser companies nationally in software audit matters initiated by major software publishers including microsoft, adobe. What i learned in the last 10 years defending bsa microsoft audits. 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. Baseline shows you how to avoid them altogether in 8 easy steps the fear of a business software alliance bsaaudit has caused many a sleepless night among senior executives and it professionals over the past two decades. After just six months the case was settled for significantly less than the bsas original settlement demand. Call 18888967580 for lazarus alliance proactive cyber security. Get to know the business software alliance it support guys. Business software alliance is an organization that advocates and promotes legal use of software by businesses. Our members create innovative software that improves peoples lives and grows the economy. When you license software, you agree to a licensing agreement often called eula that can subject you to a internal audit of your company. Look at your bsa the software alliance audit notice and you will see.
This enforcement arm of dozens of highprofile software vendors is. Auditing used to be carried out primarily by the vendorfunded business software alliance bsa, but thats changing, according to dawson stoops, a cofounder and vp of sales at express metrix. Generally, the letter will identify specific vendors andor products such as adobe acrobat or microsoft office. A prime example is the track record of bsa the software alliance. Business software alliance settles with quebec company. Business software alliance bombards detroit airwaves. 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. Bsa also fights against software piracy and conducts audits on companies that is believed to be engaged in illegal software use. Business software alliance article about business software. But when the piracy police overstep their bounds, companies suffer needlessly. 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.
Dec 19, 2015 software audits suck especially when dealing with large trade groups such as the bsa business software alliance. Once a report is received, bsa the software alliance makes a decision about whether to request a selfaudit or to immediately file suit. Eicc membership compliance program document january. Apr 25, 2014 the business software alliance bsa is not law enforcement. The business software alliance bsa is not law enforcement. How the business software alliance will come after your business. 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. Business software alliance how is business software. About the business software alliance bsa audit defense. Its principal activity is trying to stop infringement of software produced by its members.
The business software alliance, a global software industry group, increases radio advertising in san francisco seeking software piracy tips. The business software alliance maintains telephone hotlines and a web site to encourage disgruntled employees and vendors to make anonymous reports against companies of all sizes. As a result, even if bsa reached out, you could confidently welcome them in knowing that you. How to respond to a bsa or siia software audit letter without. Dec 21, 2015 many companies ranging from small mom and pops architects or engineers the typical targets of an autodeskautocad software audit, to large regional companies such as media companies, manufacturers, and even law firms have trusted our firm to guide them through the settlement and negotiation process with the business software alliance. We believe this is the ultimate software audit guide for selfrepresented businesses. Business software alliance collects record settlement. How the business software alliance will come after your. The bsa alleged unlicensed copies of various adobe products. What i learned in the last 10 years defending bsa the. Ultimate software announced today that it has formed a strategic alliance with deloitte canada, one of canadas leading professional services firms. Because the cost of litigation in most cases outweighs the cost to settle out of court, the bsa often is able to force businesses to comply. The irs form 990 is an annual information return that most organizations claiming federal taxexempt status must file yearly.
Nov 21, 2014 although it may read like a bad joke or a scam, infact it is a frequent practice by software vendors or their agents such as the bsa or siia software and information industry association to demand that you perform an audit of the software used at your business, report the results, and payup if there is any alleged deficiency in your. Absent a confidentiality provision in the settlement agreement, the bsa generally is free to issue a press release detailing the terms of. I am an intellectual property attorney who has handled more than 230 business software alliance audit matters for small to mediumsized companies. The bsa is still doing audits, but many vendors, because of their need to drive revenue, have taken on the task of doing audits themselves, stoops said. The business software alliance is not afraid to audit your companys software assets and make you pay.
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. May 26, 2016 after the bsa receives results from an internal software audit, it is likely to make a demand that it considers a fine for illegal duplication or use of certain software products. The business software alliance is an advocacy group that fights software piracy. Business software alliance explained vondran legal. One half of their business promotes the legal use of software and does pr. The business software alliance bsa is an organization that pursues infringement claims on behalf of many software publishers against companies it accuses of violating its members software license agreements. N,obistrimethylsilylacetamide silylation reagent bsa. Here, redmond explores the most harrowing tales of software audits and how companies should respond if the piracy cops come knocking.
Many companies ranging from small mom and pops architects or engineers the typical targets of an autodeskautocad software audit, to large regional companies such as media companies, manufacturers, and even law firms have trusted our firm to guide them through the settlement and negotiation process with the business software alliance. If they want an audit, the reply to the request should note that you have privileged and proprietary information on your machines, that supervising the audit to ensure the security of this information and compensating for interference with and interruption of the operation of your computer systems will result in damages to your business, and. A bsa audit is a request, under threat of litigation, to compile a listing of. Unlicensed and counterfeit software use is a global problem. Once the bsa receives a report of alleged software licensing infringements, they investigate the claim by requesting that the company conduct a selfaudit on the software. If your business runs software published by microsoft, adobe, autodesk, ibm, oracle you may be at risk for a software audit.
The alliance includes the majority of leading software publishers including novell, symantec, and autodesk and is actively campaigning in over 65 countries. Protecting your business from a bsa audit and software. Audit conducted on a member facility or major supplier using. May 07, 2009 the business software alliance, a global software industry group, increases radio advertising in san francisco seeking software piracy tips. The business software alliance is the leading advocate for the global software. How to respond to a bsa or siia software audit letter without an. Once a report is received, bsa the software alliance makes a decision about whether to request a self audit or to immediately file suit. Using the marketing platforms supplied by the social media sites, bsa once directly targeted their audience, promising a cash bounty to those who turned over a business that used pirated software. Kpmg and aptitude software alliance kpmg united states. Dont ignore a bsa software audit notice failing to respond to a letter from the bsa. While industry groups such as the business software alliance bsa often lead these audits on behalf of the isvs, companies like symantec want more control over who and when to audit specifically to drive revenue, and consequently lead the effort at conducting audits themselves. If your company is facing a software audit, you need experienced counsel to protect your business. Jan 26, 2018 the business software alliance is an advocacy group that fights software piracy.
The fine can be a shockingly high amount based on the software allegedly illegally copied. Software license compliance audit fort worth, texas. Represented b2b web media services company in a software audit initiated by the business software alliance. But the business software alliance bsa, the software industrys vendorbacked licensingenforcement organization, rarely shows mercy to even. Interim confidentiality 408 agreements in 2004, i realized the importance of protecting my clients audit materials in bsa audit cases. How to handle business software alliance audit demand. Jan 26, 2018 a prime example is the track record of bsa the software alliance. Oct 08, 2015 while industry groups such as the business software alliance bsa often lead these audits on behalf of the isvs, companies like symantec want more control over who and when to audit specifically to drive revenue, and consequently lead the effort at conducting audits themselves. A new alliance between kpmg llp and aptitude software will offer a managed service to help private companies adopt the new revenue recognition accounting standard, asc 606, before the january 2019 deadline.
Manuals, cds, products keys are all also not considered good proof. Is it the business software alliance bsa, or the software information industry association siia these are two of the large software trade groups that routinely audit business. Vap is administered through the rba and its audit program manager apm. Mar 12, 2016 is it the business software alliance bsa, or the software information industry association siia these are two of the large software trade groups that routinely audit business. Limitedtime offer applies to the first charge of a new subscription only. Who we are dealing with bsa is the title of an international advocacy group that fights for the proper licensing of software solutions meant for business purposes. Read the irs instructions for 990 forms if this organization has filed an amended return, it may not be reflected in the data below.
Jan 28, 2014 auditing used to be carried out primarily by the vendorfunded business software alliance bsa, but thats changing, according to dawson stoops, a cofounder and vp of sales at express metrix. Bsa business software alliance typically audits for microsoft, adobe, autodesk, and others. Business software alliance company the bsa was created by microsoft in 1988 in an attempt to combat software theft. Software piracy is big business and bad for it as a whole, so someone has to police it. Attorney steve media has been helping small businesses. Learn more about the bsa and how they target your business. B s a business software alliance nonprofit explorer. 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. Depending on the results of the audit, the bsa will either negotiate a settlement or file a lawsuit against the company which can result in significant fines and penalties. Baseline shows you how to avoid them altogether in 8 easy steps the fear of a business software alliance bsa audit has caused many a sleepless night among senior executives and it professionals over the past two decades. The practice of fighting software piracy is admirable, but the tactics used by the business software alliance are anything but. Learn about bsas work on responsible ai, protecting consumer privacy, strengthening cybersecurity, promoting crossborder data, and helping people train for the future. Oct 20, 2015 business software alliance is an organization that advocates and promotes legal use of software by businesses. Bsa compliance solutions supports our members and their customers by partnering with key stakeholders around the world to raise awareness of the risk of malware, ransomware, and other critical security threats and drive license compliance through sound it procurement.
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