Software Publisher's Enforcement Programs by ECPweb.com

Software Publishers’ Enforcement Programs
Enforcement is Here to Stay, or is it?
A report on end user attitudes to enforcement conducted by ECP and sponsored by IBSMA

Table of Contents
Introduction
Software Publishers' Enforcement Programs Goad End Users to Comply
Response Overview
Software Publishers
Audit Method
Targeting
Motivation
Audit Outcomes and Experiences
Software Contracts
Role of Resellers
Compliance Awareness
Buying Patterns
Advice for Publishers

Appendix: Enforcement is Here to Stay, or is it?
Tips, Hotlines and Rewards
Coordination Between Publishers and Associations
Litigation vs. Settlement
The Future of Enforcement

Introduction
There's little love lost between major end users of software and the publishers who make the products on which they depend, a new ECP survey finds. In the survey of ECP subscribers, a majority of end users report feeling targeted by publisher audits, which many perceive as hostile and expensive, and which often drag on for weeks to months. Ninety-four percent said so-called enforcement audits are primarily aimed at generating revenue for publishers.

In August, ECP e-mailed subscribers to invite them to respond to the 14-question online survey about the publishers, audit methods and motivations, as well as the role of trade associations and resellers, and subscribers' compliance awareness. Thirty-nine subscribers responded, all from organizations with more than 1,000 desktops .

Eighty-one percent of respondents reported a self-audit. Although a surprising 31 percent said their audits had ended in no action, 38 percent had to either buy new licenses, sign new license agreements or pay fines. Still, several end users reported using their audit as an opportunity to obtain a more advantageous agreement at better rates.

A majority of respondents, 57 percent, said audits had not made their organizations more aware of software piracy and compliance, not surprising, since 79 percent said they had software asset management (SAM) programs, and 21 percent reported having programs in the works. Although many reported negative feelings about their audits, 13 percent reported a positive audit experience. Some 67 percent said their attitudes toward publishers had not changed, and, most important, would not change their buying habits.

Appendix: Enforcement is Here to Stay, or is it?
The are many myths surrounding the business practices of the software industry trade groups: the Business Software Alliance (BSA), Canadian Alliance Against Software Theft (CAAST) and Software & Information Industry Association (SIIA). The associations' mission is to promote the legal use of software and began in part as a means for publishers to shift the unpleasant but necessary enforcement duties to a third party. After ten-plus years of education and active enforcement, piracy rates in the U.S. and Canada are down. This article discusses how the associations gather information, work with software publishers and each other, and explores the future of enforcement.