It is essential that counsel coordinate all audit activities, including the issuance of requests for information and, to the extent possible, the production and verification of documents and reports as part of a plan pending litigation, in order to preserve all applicable labour product and solicitor/client privileges. Once the magnitude of the problem is understood, your IT team should conduct an internal assessment of software license compliance. If you don`t have a quick way to determine usage, for example. B by using a software asset management system (“SAM”), and if the investigation takes time, contact the vendor and inform them that an audit is underway. After determining internally whether or not your organization is complying with the license volume and, if not, the degree of non-compliance, legal advisors and vendor relationship managers should contact the software vendor or trade group to discuss and agree on the scope of the audit and timeline. If the software publisher intends to invite the licensee to run specific scripts or other tools, appropriate measures should be taken to ensure that the audit volume is respected. This is all the more important since the licensor cannot in principle compel the licensee to execute scripts or use tools if this has not been contractually agreed. License audits are in principle an effective tool for software publishers to ensure that licensees` use of the software in question is covered by sufficient licenses. However, in practice, different problems may arise at different stages of the examination procedure, which may undermine the proper performance or even the legality of the examination, or which may otherwise be less effective.

As we will sign up to all our customers, if your company participates in a software audit with major software companies such as IBM, Microsoft, Adobe, Bentley, Rosetta Stone, Apple, Autodesk and their commercial organizations (BSA, SIIA), you are usually facing a good battle. Many clients think that if I call and am kind, I hope we can resolve this matter very quickly, and I hope they will remain silent. To get started, if you need basic information about what you can expect from a software audit, visit our Resource Center to explain our software license defense strategies. We offer the state-of-the-art defense site and we are not aware of any other company that provides the amount of blogs, videos, podcasts, and sample materials (like a confidentiality agreement) that can help you win your case. We are also the only firm we know of to have published a self-help guide that gives general advice on whether or not a company should conduct its audit without a lawyer. Our passion and commitment to our customers is therefore unmatched. If software vendor auditors go too far, technology leaders in enterprises must be prepared to back down. “Software vendors don`t audit by survey,” says Craig Guarente, CEO of Palisade Compliance, an independent compliance consultant. “These audits generate huge revenues for them. If you are audited, it is because they think there is money. First, licensees should develop, implement, and maintain internal policies and procedures so that they can regularly monitor and comply with (at least annually) their software license agreements and related provisions.

. . .