Re: Business Software Alliance

On Sat, Jan 08, 2000, Carol Shepherd <shepherd[_at_]arborlaw.com> wrote:
>
> On Fri, 7 Jan 2000, Keith Taber <keith[_at_]drylaw.com> wrote:
> >
> > The BSA could stare at my personal information, computer screen,
> > harddrive, even search my trash and they would never know if I was
> > a licensed user or not. How can they force these settlements?
> > Does the company have a "duty" to maintain licensing documentation?
> > (not just common sense, a legal duty)
>
> That's a very good point.
>
> I don't know of many standard commercial license agreements that contain
> a duty to maintain recordkeeping pursuant to proof of license. One
> could imagine such a provision, with a contract right to presume guilt
> if proof of innocence is not readily available. Hm, a new weapon in the
> rights-holder's arsenal.

I later read my post and thought maybe I was ranting -- yet I had another idea. What if your company has a policy of individuals buy (license) the software they need, reimbursment may or may not be part of the deal? (This would have to exclude some network software, but is not outrageous because small companies don't get much of a break on software anyway) Further, the company refuses to store any software documentation and asks that employees keep their record off site, if at all -- or even requires destruction of licensing agreements and other documentation (except the minimum required for tax purposes, of course). Would this make the BSA's attack harsher or would it rob it of any bite whatsoever?

With respect to the clause imagined below, would it be possible to require that you keep the label or pay again? Imagine any other industry requiring this for a few minutes.

Keith

Keith Taber
<keith[_at_]drylaw.com> Received on Tue Jan 11 2000 - 15:40:13 GMT