Is your software license policy in order? Do the software check (pre BSA)

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Every year, many software audits are carried out within the E.U. (for example by the Software Alliance (BSA), Microsoft, Autodesk and Siemens), evidence is seized and raids are made, with the aim of examining whether a company’s software licenses are in order.

Why do you need a software license?

The author of the software – as the copyright holder – has the right to prohibit or allow the use of the software. By allowing the use of the software against payment, the author has the opportunity to get a reasonable compensation of the development efforts he has made.

Are your software licenses already in order?

In our legal practice, we often see that clients are confronted with audits or evidence seizure by copyright holders, whereby all software licenses are checked. Despite good will, compliancy flaws are detected more often than not, which usually leads to high costs for the company in question. After all, the company will have to compensate the copyright holder for the use of software for which no legitimate software license is available. Furthermore, the company will have to acquire a license for software use in the future. In addition, the copyright holder is usually entitled to a contribution to the lawyer’s fees incurred.

Note: You must prove legality!

During the audit, an expert will describe in detail which software has been found on the computers present at the moment of the audit. It is then up to you to demonstrate that these installations were legitimately performed. If you fail to do so (sufficiently), compensation will be claimed.

Please note: The copyright holder generally does not accept the sole presence of serial codes or license keys. You must prove that a legitimate license for the software package has actually been procured. This can be demonstrated, for example, by submitting the relevant invoices, purchase orders or accompanying documentation.

We rather prevent than cure; Do the software check!

The costly audit procedure as described above, can easily be prevented by regularly checking up on your software management. One of WiseMen’s specialized lawyers can carry out the software inventory at your office to simulate the execution of an audit to ensure compliance.

Curious about how such an audit works? Or curious about the possibilities? Do not hesitate to contact us!

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