Presented by ECPweb.com and Scott & Scott, LLP
Software Asset Management and The Law (Everything You Ever Wanted to Know About Software Audits but Were Afraid to Ask)
This session received our highest rating – "5" – a perfect score for content and presentation. Attendee comments from the session held at SAM Summit '05 in May:
"Rob is a great speaker. Enjoyable entertaining and informative. Needed a few more hours."
"This workshop was worth the conference fee alone."
"Speaker is great and kept the presentation very interesting. Great session!"
"I liked the interaction between the participants and the speaker. This workshop could easily be a full day based on the discussions."
"I liked the subject and the speaker - the best of all the seminars. Such great info. This was the best I have been to!"
"The session was over too quickly. You could dedicate a day on this topic."
"Outstanding - should be required, especially for certifications."
(Suitable for all levels)
Organizations with immature or non-existent software asset management programs face unlimited financial exposure for breaches of licensing agreements, copyright infringement, and violations of the Securities and Exchange Act. There are many tools available to determine the software applications installed on a corporate network, but true risk management requires an integrated approach involving tools, technical expertise and legal expertise. In this session, attorney Robert Scott presents an overview of the legal defenses available to targets of publisher and trade-association audits, and reviews audit-defense tactics based on client case studies.
Legal Catalysts for Software Compliance Initiatives
• Breach of Contract Liability
• Violation of Copyright Act Liability
• Securities Act Liability (Compliance with Sarbanes-Oxley s. 404)
• Successor Liability Resulting from Mergers or Acquisitions
• Individual liability for Officers of Non-compliant Organizations
• Reliance on technology personnel or publisher sales force to interpret licensing contracts
• Lack of technical controls to prevent unauthorized software proliferation
• Decentralized buying and poor document management
• Merging with or acquiring other entities without conducting software asset due diligence
An Integrated Solution is Required to Avoid Liability
• Discovery tools are not enough
• Understanding what constitutes proof of ownership
• Combining legal and technical expertise to determine licensing requirements
• Software Asset Management process strategic design
• Incorporating software asset due diligence in mergers and acquisitions
• Using software asset management data to confirm financial reporting
Case Study Examples
About the Presenter
Robert Scott represents clients accused of software piracy by software publishers and their trade associations and advises clients on software compliance best practices to reduce the legal risks associated with the use of unlicensed computer software. A graduate of Hofstra University School of Law, Scott is managing partner with Scott & Scott, LLP, based in Dallas.
About ECP
ECP is the innovative leader in news and reviews of technology asset, service and software management issues, practices and tools. With a worldwide network of independent consultants, research analysts and practitioners, ECP is second-to-none in its coverage of timely, business-focused IT strategies.