Home > Practice Areas > BSA Counseling

BSA Counseling

Are you concerned about the possibility of the Business Software Alliance (BSA) contacting your business about the use of unlicensed software?

If your company has been contacted by the Business Software Alliance (BSA), or you believe that you may be a target, you should consult with an experienced counsel. Do not speak to the BSA until you have spoken with a firm that can explain your legal rights and obligations in this complex area of Software licensing/piracy. If you have already spoken with the BSA, then contact us before proceeding any further.

What is the Business Software Alliance and how do they pursue software piracy claims?
The BSA is an organization comprised of the major software companies, including Microsoft, Adobe & McAfee, which promotes future innovation for the commercial software industry and pursues software piracy claims. The BSA encourages employees /consumers to report software piracy via its Toll Free 1-888-No Piracy phone line, or online at www.bsa.org. The BSA runs advertisements in applicable trade magazines/publications and encourages people to report software abuse. Once it receives a complaint and verifies its authenticity, the BSA contacts the target company and requests that a self-audit be performed. It next will threaten to file suit via its counsel.

What types of penalties are possible?
Unauthorized duplication of computer software products constitutes copyright infringement. The Copyright Act (17 U.S.C. et seq.) provides that copyright owners may recover actual damages for infringement based on the amount of copies made and also recover statutory damages. Past offenders have paid penalties in excess of $400,000. The fine per each violation can be as high as $150,000 per copy. Experienced counsel is necessary to fight these penalties or get them reduced.

How can Budd Larner Help your company?
Budd Larner is recognized as a top law firm who has represented companies (licensees) for over 20 years in cases of software license disputes against major software vendors.

Our services include:

  • Software audits
  • Compliance consulting
  • Software acquisition
  • Copyright, intellectual property and license agreement issues
  • Representation against BSA claims
  • Reduction in costs associated with compliance.
Photo

For more information, please contact:

Peter J. Frazza
pfrazza@buddlarner.com
973-315-4406