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Burden of Proof in Copyright Infringement Matters
  • Scott & Scott, LLP
  • USA
  • September 9 2016

In a civil copyright infringement claim, many users of copyrighted material are surprised to learn that once the copyright owner has demonstrated


Can a Software Publisher Force You to Audit Your Customers?
  • Scott & Scott, LLP
  • USA
  • July 11 2016

Many software-solution vendors utilize third-party infrastructure or application programs as frameworks for embedded solutions that they sell to


In Microsoft Audits, Don’t Forget About True-Up Rights
  • Scott & Scott, LLP
  • USA
  • June 14 2016

Following the conclusion of a software audit, Microsoft’s standard practice is to require an audited company to purchase licenses associated with


Important Tips for Resolving an SIIA Audit During or Immediately After a BSA Audit
  • Scott & Scott, LLP
  • USA
  • May 25 2016

Sometimes a company receives notices of audits from many publishers or trade associations at the same time. Often this is because multiple agencies


Negotiating Software Contracts - Successfully Negotiating a Warranty Section
  • Scott & Scott, LLP
  • USA
  • May 13 2016

A warranty is one of the most important contract provisions in a software contract. The warranty section deals with the performance of the software


For SPLA Audits, When Historical Data is Missing, Creativity May Be Required
  • Scott & Scott, LLP
  • USA
  • May 10 2016

Most software audits pertaining to products licensed under perpetual licenses (such as licenses acquired under a Microsoft Select Agreement, MPSA or


Avoid Copyright Infringement Claims for Affiliates and Subsidiaries: How to navigate software license agreements for large corporations
  • Scott & Scott, LLP
  • USA
  • April 19 2016

Companies with complex corporate structures sometimes encounter difficulties with properly licensing software for all of the related entities


Identifying and Understanding Microsoft License Verification Audits
  • Scott & Scott, LLP
  • USA
  • March 24 2016

Microsoft, like other software publishers, routinely audits customers to help ensure that it is protecting the value of its intellectual property


How to Avoid Compliance Gaps with Autodesk Downgrade Rights
  • Scott & Scott, LLP
  • USA
  • February 24 2016

Autodesk, like many other software publishers, are now offering subscription based licenses instead of perpetual licenses. Customers tend to find the


Be Wary of Certain ISV and Embedded Software Agreements
  • Scott & Scott, LLP
  • USA
  • February 9 2016

It is common for software solution providers to use third-party products to support the functionalities those providers have developed for their