Ask Slashdot: Dealing With the Business Software Alliance?

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?"

As someone who turned in another

[sregor]

I worked for an engineering company who said they couldnt justify the 25 licenses of autocad civil3d they were pirating (but also said they needed them to maintain the workflow they had) and said that they didnt care about my liability in the matter being the only IT person in the company. I turned them in. The BSA offers a reward, and at first they tell you that if they have to use your testimony they cant give you anything (it would be like paying for testimony) but they tell you that its rare that you ever have to actually use your testimony as the companies generally settle. If it gives you any comfort, the person that turned you in will not get any reward. the BSA find ways to make it so they dont have to pay out the reward for ratting you out. Now as far as your legally obtained software. Scan your PCs for software installed and make sure you have Purchase Records of all software installed that requires a license. this is what any lawyer you hire is going to want. the purchase records are there to prove you had the licenses prior to them coming to you stating that you didnt. the legal group the engineering company I worked for used was Scott and Scott, iirc they are a bit pricey but they will minimize any fines or fees that could hit you from them. I say do your own due diligence first, then see where you stand. just because you didnt authorize the install of software doesnt mean you have not had an employee installing any and everything they could get a serial generator for, which on your machines, means you are responsible for it. Oh also dont go formatting and reinstalling the OS on all of your machines. this looks bad if it goes to court like you were trying to hide something according to the lawyers at scott and scott. I regret doing this to the engineering company myself, but in the end, they are better off for it. Autodesk gave them a huge break on network licenses for their CAD software, and they are now operating 100% legit on the software side for less in fines than it would have cost to buy the stuff out right.

Re:Prima facie evidence?

[couchslug]

The rich own the courts and the cops. Unless you are willing to use violence against your enemies, you are screwed.

These conditions are what gave birth to the Mafia in the US. When the masters own the judges and the cops, the only way to redress is through a gang of your own.

The IRA had a fine old custom for dealing with problems. It's called "kneecapping". It's frightful, it's not murder, and the victim will never forget it.

Re:TIme to PANIC NOW!!!

[Zadaz]

Respond back to the letter being factual and honest

No, do not do this. Do not have any contact with them that's not through a lawyer. This is very important if it should ever go to court. And yes, BSA hates going to court. That's exactly why you should do it this way. Document the hell out of everything.

Have a lawyer draft a letter saying you're in compliance, have them send it, registered mail, to the BSA. This should not coast more than $150 or so.

There is a 90% chance that the BSA will back off when you do this. They will see you aren't a pushover. If they ever show up at your door without a subpoena, ask them to leave. Then call the cops.

Re:Audit?

[funnyguy]

We had this happen all the time. We just entered into an audit agreement. They gave us software to scan our systems, we ran it in a GPO script. Voila. It spits back a report of how many instances there are.

Re:Prima facie evidence?

[syncrotic]

And if you don't comply with the audit you've supposedly agreed to, what's their recourse? They can try to sue for breach of contract... a contract that they can't actually prove you've entered into.

There's pretty much no way the BSA's tactics can actually be legal. It seems to me like they put on a big show and take on a threatening posture, hoping that you'll be convinced to let them gather the evidence they need and then pay them whatever they're asking.

A bit of common sense: can a random individual or company come into your house or place of business and demand to see proof that you're complying with a private contract?

The BSA has no law enforcement powers.

So the guy is untrustworthy for being HONEST

[Anonymous Coward]

It is human garbage like you that give IT guys a bad reputation.

The guy did the correct thing, even if you don't like it. If the company was making money using the software, the least they can do is legally purchase the software.

Most of the time you hear about some disgruntled employee installing software all over the place before leaving the company and then calling the BSA. But this guy was supposed to be responsible for the IT department and 100% legally liable for the more than blunt violation of copyright. If he just walked out, the company would had blamed him for the illegal software and laugh while he is screwed.

Re:No one is in compliance

[gstrickler]

If they won't accept the purchase order/invoice for you PC showing included software, ask to have the suit amended to include your computer vendor (HP, Dell, Lenovo, etc.) as a co-defendent for selling unlicensed software to you. If you can't get the suit amended, file a separate suit against your computer vendor. The point is to get the computer vendors, who are the biggest sellers of software involved fighting the BSA with you. As the biggest sellers of software, they have a lot of influence with the software vendors, and they have teams of lawyers who won't appreciate being named in a suit because the BSA won't accept their invoice as proof of purchase.

Re:Yeah.

[Kagetsuki]

He actually stole his notebook and it was a bitch to get back. When it did come back he had poured cola on it. We pulled the drive, checked it for anything incriminating but he had wiped and redacted it. We had it cleaned up (Toshiba is awesome!) and since we didn't need it anymore we gave it away to a family member.