Is the BSA "Grace Period" a Scam?

An anonymous reader asks: "I work at a small non-profit that has 18 employees plus a 13 seat computer lab. We received a form letter from the Business Software Alliance (BSA) telling us to do a self audit and if we find any unlicensed software to report it during our 'Grace Period' because 'if you organization's software is not licensed, it could become to focus of a BSA investigation'. Now this is obviously a method to scare up some business for the BSA members. If we ignore this, how likely is it that we will be 'investigated'. I know that I cannot produce the original CD's and/or documentation for some of the software that we HAVE paid for."

America..

[xo0bob0ox]

This is America! Your innocent until proven guilty! Hey Wait......

Lemmie get this straight...

[ajuda]

If you stole from them, and you admit it in the near future, they promise not to sue you. Yep, sounds like a scam to me.

Step 1: Promise not to sue people
Step 2: ????
Step 3: Profit!!!

Low Key

[thedbp]

y'know, if you're trying to keep your warez on the down low, its not a good idea to post a slashdot story about it.

More Confusion...

[Smelly Jeffrey]

I got confused when I read about the BSA and software. I was wondering what the Boy Scouts of America had to do with is. My best advice: Be Prepared.

Re:I'm not a lawyer,

[Anonymous Coward]

Uuuuh, I think you agree to their terms when you agree to the license. I've seen the residual of two BSA audits. They get what they want.

$250,000
$15,000

These occurred in both cases, before my arrival (Thank God) but they were both taken seriously and full payment was made.

Perhaps THE single-most-greatest case for open source software. The BSA IS the law!

Has to be said

[stendec]

knock knock

Who's there?

BSA: (mumbles)

Who?

BSA: Unicef.

Oh! Why didn't you say that before?

BSA-landshark attacks pirate who opens the door.

How stupid IS the BSA?

[scrote-ma-hote]

How clever is that??? Send out threatening letters to all of the fresh law graduates! What's one market in the US that you don't want upset with you? Lawyers you say? Duh.

Me and the Boys

[Anonymous Coward]

"Me and the boys would really hate for something to happen. We can sell you insurance to prevent, say, that vase that Frankie is leaning against from getting broken. Oops, like that."

Actually, this campaign was going on two years ago. In the fall, I think. Same scam.

Re:Non-profit does not mean unprofessional

[Waffle Iron]

Let this be a lesson to you. Get a box that holds all your licenses. It's really that easy.

I use a Commodore VIC-20 for this purpose. It has just enough memory to hold that file named "COPYING".

A friend's solution to BSA, lawsuit threats, etc.

[Anonymous Coward]

A friend of mine owns a very small niche vertical intergration software company. He has a canned response for all threats of lawsuits, BSA investigation, etc. The only people he doesn't use this on is the government, since they don't need any help getting any more fucked up.

"Can I please have your lawyers contact number, I have a fax machine, and will send all information I have to your lawyer." He then sends one piece of information (a page, one liscence, etc) at a time, every hour on the hour, to said lawyer, to cause their clients legal bills to explode. Considering that he logs everything he does and has backups dating back for the last 15 years, he has a lot of information that he can send. Legal bills are quick ways to empty someone's pockets.

Re:More Confusion...

[EverDense]

Yeah, I breathed a sigh of relief when I realised that it wasn't a biker gang. Kicking in doors, looking for owners of Japanese motorbikes.

Birmingham Small Arms Motorcyles [btinternet.com]

Re:Non-profit does not mean unprofessional

[jc42]

Although we did have the invoices detailing what was purchased, it was deemed insufficient by the BSA as proof of license compliance requirements, so to avoid drama and expidite the process,the various software was purchased again.

Hah! They found a live one with you.

YHBS. (You Have Been Scammed.)

Re:The odds?

[Simonetta]

I think that the next time that I'm interested in finding out what my competetors are doing, I'll fire up the old color inkjet and print out a few phony ID cards that say BSA on them in big black letters.
Then I'll march right into their offices, flash my new BSA badge, plug my laptop into their server, download all of their R&D work and accounting files, and walk out with a check for thousands of dollars and let them know that they got off easy, This TIME!

Re:How I *THINK* it works is...

[Anonymous Coward]

Um, sir. I did not receive any letter you claim to have sent me. But I do know that you have no reasonable basis on which to ask this court to allow you to invade my privacy. Go away or I shall be forced to counter your suit with my own. Bye-bye now.

Negotiate? Fuck you [bsa.org]. (Ahem, not you, John, but those BSA pieces of shit.)

Letter from the NSA

[m00nun1t]

FIRST, I MUST SOLICIT YOUR STRICTEST CONFIDENCE IN THIS TRANSACTION. THIS IS BY VIRTUE OF ITS NATURE AS BEING UTTERLY CONFIDENTIAL AND 'TOP SECRET'.

WE ARE TOP OFFICIAL OF THE GOVERNMENT REVIEW PANEL ("BSA") WHO ARE INTERESTED IN PIRATED SOFTWARE INTO OUR COUNTRY. IN ORDER TO BECOME COMPLIANT WE SOLICIT YOUR ASSISTANCE TO ENABLE US TO AUDIT YOU.

HOWEVER, BY VIRTUE OF OUR POSITION AS BSA COMMITTE MEMERS, WE CANNOT ACQUIRE THIS SOFTWARE IN OUR NAMES. I HAVE THEREFORE, BEEN DELEGATED AS A MATTER OF TRUST BY MY COLLEAGUES OF THE BSA TO LOOK FOR AN UNDERLICENSED PARTNER WHO WE CAN AUDIT. HENCE WE ARE WRITING YOU THIS LETTER. WE HAVE AGREED TO SHARE THE MONEY THUS; 1. 20% FOR THE BSA 2. 80% FOR THE UNLICENSED SOFTWARE VENDOR 3. 2 - 5 YEARS FOR YOURSELF.

PLEASE,NOTE THAT THIS TRANSACTION IS 100% SAFE AND WE HOPE TO COMMENCE THE AUDIT LATEST SEVEN (7) BANKING DAYS FROM THE DATE OF THE RECEIPT OF THE FOLLOWING INFORMATIOM BY TEL/FAX; 234-1-7740449, YOUR COMPANY'S SIGNED, AND STAMPED LETTERHEAD PAPER THE ABOVE INFORMATION WILL ENABLE US WRITE LETTERS OF THREAT. THIS WAY WE WILL USE YOUR COMPANY'S NAME TO INTIMIDATE YOU WITH QUASI-LEGAL LETTERS.

WE ARE LOOKING FORWARD TO DOING THIS BUSINESS WITH YOU AND SOLICIT YOUR CONFIDENTIALITY IN THIS TRANSATION. PLEASE ACKNOWLEDGE THE RECEIPT OF THIS LETTER USING THE ABOVE TEL/FAX NUMBERS. I WILL SEND YOU DETAILED INFORMATION OF THIS PENDING PROJECT WHEN I HAVE HEARD FROM YOU.

YOURS FAITHFULLY,

DR CLEMENT OKON

Fix the question

[rknop]

Remove "Grace Period" from the question.

Then the answer is a resounding "yes".

-Rob

what the hell is an "enterprise environment"?

[Jamie Zawinski]

I work in an enterprise environment.

In what way does this statement differ from "I have a job?", besides using large obfuscatory words?

Oh that reminds me

[jsse]

one of my client did return the audit form with a letter saying that the only license they got is GPL and a copy was attached for their reference.

Then Microsoft sales came the other week and offered an attractive 'switch' packages. How Microsoft knew he need a switch is a mistery.

if i got such a letter..

[Anonymous Coward]

id reply saying yes we had XX number of illegal licenses thanks for letting us know, we now removed all said software replaced it with open source.

Dear BSA

[Ducon Lajoie]

Dear BSA, following your letter suggesting a self audit of our compagny, I am glad to inform you that we did indeed complete the required process.

As you suspected, it was impossible for us to account for every software package and updates/sidegrades we acquired over the last 10 years.

We carefully considered the cost of a complete research of archives and archeological search at the municipal dump, as well as the cost of re-acquiring the missing licences.

We therefore advise you that your audit letter prompted us to move to a mostly open source and free software environement. We thank you for being the catalyst in that switch, the proverbial "last straw".

The few worksations still running software from BSA members are fully licenced and these licences are available for your viewing pleasure if you so desire.

Yours trully,

me

Re:Recieved the same thing...

[Spruce Moose]

A free fish with every copy of unlicensed software. Cool!

This is BULL comma SHIT period.

[rice_burners_suck]

If any son of a bitch shows up at the door to any property of yours, included but not limited to your business, your home, or any other property, and says they're there to perform an audit of your computer software, you firmly but politely tell them that you will not allow any such thing to take place. If asked why, answer that you cannot let non-company personnel in due to trade secrets and nondisclosure agreements with customers. And show them the door. Nobody can compell you to show them ANYTHING of yours without a search warrant. You're not a public company. You have committed NO crime. And if they claim that you have agreed to such a search in the license agreements of software you have purchased, tell them it's bullshit and good day gentlemen. Let's see these scamming sons of bitches PROVE that you have entered into any such agreement. No warrant. No probable cause. And they don't have your permission. Just like the police: If an officer pulls you over and your entire trunk is full of cocaine with a street value of $1,000,000,000.00 (one billion dollars and 00/100), and the officer says, "May I search your trunk," and you say, "No, thank you," then unless the aforementioned officer can produce a search warrant or prove probable cause, he CANNOT look in the friggen trunk. If a friggen PO-LICE officer can't look in the damn trunk when it's overflowing with cocaine, what makes you think some geeky-faced piece of shit Associate Engineer Fuckup Specialist from the BSA has any right to bring his ugly ass into your fucking business?

Oh, and if any idiot from the BSA has a problem with what I'm saying, my name is Robert Q. Campo, and my address is 881 West Harrisville Lane, Cleveland, OH 64113. Come and get me, asshole.

Re:Hang on a minute...

[raju1kabir]

In the US, no civil contract can superceed the Bill of Rights.

An NDA can supersede your right to free speech.

An arbitration clause can supersede your right to a jury trial.

A contract to work in Celine Dion's recording studio can supersede your protection against cruel and unusual punishment.

Re:Ignore it

[Indras]

"...people who had bought programmers..."

Last I knew, slavery was illegal, dude. I'm sure some people think their bosses own them, but in all actuality, usually they're just rented for 40 hours a week.

Re:Stole from them?

[Chordonblue]

"Personally, I refuse to play. I will not purchase any software from any company that employs the services of collection agencies such as the BSA. Furthermore, I will do everything in my power to dissuade my clients from purchasing software from these companies.

Need a Linux consultant in New Orleans? [dhs.org]"

Did anyone else find this extremely hilarious? Think about his sig in light of his previous statement. Heh..

Re:Stole from them?

[TKinias]

scripsit cscx, inter alia:

...shit ... fucking...

Wow, you're really upset about this. So much bitterness. I'm sorry. The rest of us will enjoy our freedom; you needn't have any part of it if it offends you so much. May I recommend, by the way, the works of Joseph de Maistre? I suspect you might enjoy them.

You must have some pseudo-religious belief...

Busted. I'm actually a commie. Mea culpa.

An Illustrative Story

[Anonymous Coward]

A friend of mine got his notice to come down for a physical during the Vietnam War. He threw the letter away.

A month later he got a call from the Draft Board. 'Why didn't you come down for your phyiscal?'
'I never got the letter,' he replied.

They sent him another letter. He threw it away.
(insert your favorite programming language DO LOOP here)

He did this for the entire Vietnam War and never got busted.
True.

Keep them busy

[Boiling_point_]

Copy from here:
http://www.bsa.org/usa/report/offices.phtml [bsa.org]

Paste in here:
http://www.bsa.org/usa/report/report.php [bsa.org]

Hours of fun, I promise you!

The Way Out...

[neonedge]

A friend of mine received a similar letter when he was working for a company in the UK. It was relativiely small (less than 30 people), and they weren't sure what to do, until one of the IT guys who had previously worked for Oracle in the US made a suggestion... lie.

They sent a very legal-looking response to the BSA that stated (paraphrasing here) that they had no pirated software on site and that they were a contractor to the Israeli Security Agency (they weren't of course) and that if the BSA wished to have access to the facility they would need to get joint clearance from Britain's MI5 (the British security service) and the Israeli government before they would be allowed to enter the facility. They even gave the contact information for both agencies. The BSA was never heard from again.

Re:Stole from them?

[yog]

Regardless of what the previous employee did, the company should conduct a self-audit and ensure that it has paid for all software that it is using. In fact, all companies should do this at least once a year, depending on how often they purchase software. Simply trusting an employee to do what's right sounds like a huge mistake to me.

Unfortunately, much as we would like to say "Sue the idiot!", the company does bear responsibility for the actions of its employees, when those actions were undertaken as part of the employees' responsibilities on the premises and during working hours.

The company has no requirement to give that ex-employee a good recommendation, though.

Just my opinions; I am neither anal nor a lawyer.

Re:Ignore it, it's more like SPAM that a real lett

[Anonymous Coward]

We started getting these letters when my wife passed the bar.

The first time is always the hardest. Good luck to her in her continuing battle with alcoholism.

Funny, I don't exist either.

[An Onerous Coward]

I made up a company name so that my brother and I could sneak into a trade show called ITEC. We called ourselves "Mooserat Inc." I was the CEO, and my brother was the CTO. We went, had a blast, played on the rock-climbing machine, and scored a bunch of free pens.

About a year later, I received a letter from the Business Software Alliance, addressed to me in my capacity as CEO of Mooserat Inc. The letter said that there was a "grace period" for my area, and that I needed to make sure I was in compliance.

A week after that, I received a letter from Microsoft (again addressed to the CEO of Mooserat) pointing out that they had a license sale going on.

Coincidence? Probably. :)

I considered having my dad write a clueless-sounding letter, saying that I had moved out of the house, but that he was worried about "pirated licenses" on his "RAM." Then another one a week later, saying that I'd converted him over to Linux, so they didn't need to send the police. But I didn't. Oh well.