Ask Slashdot: Dealing With the Business Software Alliance? 519
Kagetsuki writes "We've just gotten a letter from an attorney representing the Business Software Alliance stating someone (we're certain it's a disgruntled former employee) submitted information we are using illegally copied software. The thing is... we're not using illegally copied software. We have licenses for all the commercial software we are using. Still, according to articles on the BSA, that's irrelevant and they'll end up suing us anyway. So we now need a lawyer to deal with their claims and we don't have the money — this will surely be the end of the company into which I've sunk all my savings and three years of my life. Has anybody dealt with the Business Software Alliance before? What action should I take? Is there any sort of financial recourse, or at least a way cover our legal fees?"
Re:Get legal representation (Score:5, Funny)
If you agree to an audit, it's highly probable they will find something illegal, regardless of whether you did anything illegal or not.
Yeah, I heard they carry throw-down CD's of Word in their trousers.
"Well Frank, look what I found over here tucked behind the water cooler".
Those bastards!
Re:Audit? (Score:5, Funny)
Shit, boys, I think they got to this one!
Re:Well, for starters... (Score:5, Funny)
I'd pursue some form of extralegal remediation against that disgruntled former employee. And then follow it up with the same against the BSA lawyers. If the legal system doesn't protect the little guy, then nobody should be surprised when the little guy takes care of business without it.
I'm sure threatening to have the BSA's arms ripped out of their sockets because they're winning will go over great when they take you to court, Chewie.
Re:TIme to PANIC NOW!!! (Score:5, Funny)
(IANAL, but an ex-paralegal.)
Better:
Dear BSA Attorney,
Thank you for your note of the 29th. We've reviewed software use at OurCompany and we have found no unlicensed nor unlawfully copied software.
We ask you:
Who has made these allegations against us? What precisely was alleged? Was there any ostensible evidence proffered to support these allegations?
We hope that our review has put these unfounded allegations to rest, and look forward to your reply,
You
If they want an audit, the reply to the request should note that you have privileged and proprietary information on your machines, that supervising the audit to ensure the security of this information and compensating for interference with and interruption of the operation of your computer systems will result in damages to your business, and while you are neither agreeing to nor refusing a software audit at this time, in discharging your obligations to your shareholders [and/or partners, investors, employees, etc. as appropriate] you would need non-disclosure agreements protecting your proprietary and privileged information, scrutiny of the backgrounds and prior approval of any proposed auditors, an agreement as to the limited scope, methods and purposes of the audit, a prior agreement as to the standards and consequences of such an audit, advance compensation for legal and other fees associated with the negotiation of their proposal and its implementation, and arrangements for specified compensation for any potential harm that might occur to your business, with acceptable performance bonds posted to ensure prompt compensation for any such harm. Further, you should request the full text and specifically applicable sections of any alleged potential contractual agreements which they believe may grant them any rights or impose any obligations to them by your company, with a notification of estoppel for any contractual claims of which they have not notified you, and reserving the right to dispute under estoppel, fraud or other theories any putative contractual claims made by them founded on the basis of alleged contracts to which both your company and the BSA are not both parties, putative contracts which were not signed, putative contracts which were not witnessed, putative contracts which were not sealed, putative contracts without demonstration of valid consideration, putative contracts in violation of law or public policy, including but not limited to: fraud, unconscionable, immoral, or impossible terms, coercive or misrepresented terms, those violating laws against barratry, maintenance, champerty, tortuous interference, frivolous and vexatious claims and litigation, and strategic lawsuits against public participation as well as any sections of such contracts violating , attempting to violate, or purporting to create a right to violate any of those laws or policies, or abridging, modifying, infringing or attempting or purporting to create a right to abridge, modify, or infringe any contractual rights assumed by law, including but not limited to peaceable enjoyment, warranties, implied terms, fair dealing and any other rights, privileges or legal theories which may be applicable to the case.
(Always use "alleged" or "putative" in connection with any "contract" which you might not want to follow slavishly - do not admit to the validity of any contracts with the BSA!)
Re:TIme to PANIC NOW!!! (Score:5, Funny)
If they want an audit, blah blah blah which may be applicable to the case.
That "paragraph" consisted of only two sentences, one of 176 words and the other of 235. Only a lawyer can abuse language in that manner. I call bullshit on your claim - you are a lawyer, aren't you?
Re:As someone who turned in another (Score:3, Funny)
You should be ashamed of yourself. If everyone knew the "truth" about you as you wanted the BSA to know the "truth" about your employer you would never have another job.
What I am ashamed of was thinking of profiting off of it. Were I in the same position again I would have done the anonymous turn in and not attempted or dreamed of the reward. Also I am open about why I left that engineering company in interviews. it doesnt hurt me in the least, and also by the reactions of the interviewing managers I get an idea if I will fit in with them.