Re: Business Software Alliance

From: <fmwilf[_at_]MLB.COM>
Date: Thu, 6 Jan 2000 10:56:53 -0500

On Mon, 3 Jan 2000, Linda Pickering <lpickering[_at_]lowenstein.com> wrote:
>
> "A client has received a threatening letter from the Business Software
> Alliance alleging illegal duplication of software. Does anyone have any
> experience in dealing with them? What sort of settlements do they
> require/agree to?"

I have experience with both the BSA and a similar organization, the SIIA (formerly the SPA). The usual drill for nasty letters is that the BSA requires the client to conduct a self-audit, often specifying which items of software the BSA is looking for. The BSA then offers to settle in exchange for the full MSRP (not street price) for each item of software the client can't prove is licensed, times a multiplier that is intended to reflect the egregiousness of the copying. Attorneys' fees are added on top of that. In addition, the client must agree to adopt a software policy that it communicates to all present and future employees, and consent to future audits (self-conducted or BSA audits). There is, of course, some room for negotiation.

There are a few other twists and turns, but that's the gist of the matter. Please contact me directly if you would like to discuss this further.

I hope this helps.

--Fred

Frederic M. Wilf
Morgan Lewis & Bockius LLP, Philadelphia Email fmwilf[_at_]mlb.com
Web http://www.mlb.com/bios/wilf.htm

---

The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message.

---

Received on Thu Jan 06 2000 - 16:04:09 GMT