Software Licensing Compliance Grace Period Ends February 28, 2003

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Software Licensing Compliance Grace Period Ends February 28, 2003

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We help companies protect data, comply with evolving regulations, and respond to investigations and litigation.
We leverage technical knowledge, business acumen and legal experience to structure, prepare and negotiate innovative and effective technology-related agreements.
Our clients in the ever-changing and fiercely competitive hardware, software, IT and services industries depend on us to strategize and negotiate transactions that take advantage of opportunities now while protecting their innovations and preserving flexibility for the future. We structure, negotiate and draft all types of licensing, distribution, product development, joint venture and strategic alliance agreements for these clients, often drawing on the deep experience of WilmerHale’s unique capabilities in regulatory, intellectual property, corporate and tax law. We represent both mature and emerging companies with business models centered around offering software and/or professional services relating to analyzing and extracting insights from large data sets. We frequently draft and negotiate data license agreements, software-as-a-service (SaaS) agreements, website terms and other services agreements in which data is the core subject of the license. We also advise technology clients on big data issues that arise in outsourcing, joint venture and other transactional matters. Our attorneys keep a close watch on internet-related legislative and regulatory developments in the United States, the European Union and elsewhere, and leverage our up-to-the-minute knowledge to advise clients in areas such as data privacy and security, copyright infringement, and export restrictions.
The Business Software Alliance (BSA) is the software industry's best-known "watchdog" organization, with members including many major software developers and publishers. The BSA conducts audits of corporate software usage and licensing compliance throughout the world and brings legal actions against companies that it has reason to believe are not in compliance with its members' licensing requirements.
The BSA has announced a "grace period" ending February 28, 2003, during which time companies with headquarters in Chicago, Boston, Albuquerque, Dallas, Louisville, Harrisburg and Seattle may obtain, without penalty, the software licenses necessary to bring them into compliance with the licensing requirements of the following software providers: Adobe, Apple, Autodesk, Avid, Bentley, Borland, CNC/Mastercam, FileMaker, Internet Security Systems, Macromedia, Microsoft, Network Associates and Symantec.
During the announced grace period, those companies that have failed to renew their software licenses or have exceeded the number of licensed users for their standard business software have an opportunity to get into compliance without an external audit and without penalties for unauthorized usage. In addition, the BSA allows companies that suspect they may not be in compliance to download a free software audit tool to help with the company's internal audit. The grace period does not apply to any company that has already received a letter from the BSA indicating that it is a focus of investigation by the BSA.
BSA has conducted eleven such "legalization" programs since August 2000. We can provide further information regarding the BSA Grace Period, and we would recommend that you consult an attorney before taking advantage of the amnesty program.
Michael Bevilacqua
[email protected]
Jorge Contreras
[email protected]
Debra Dorfman

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