201904.11
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Top Three Ways to Sabotage Your Licensing Compliance Under SPLA

Microsoft’s Services Provider License Agreement (SPLA) is the principal licensing agreement for companies that want to use Microsoft products to deliver hosted software solutions over the Internet. Microsoft’s standard volume license agreements expressly prohibit using the software for “commercial hosting” purposes (though, limited exceptions are offered for certain use cases and subject to specific requirements)….

201903.20
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Do You Need a Microsoft Service Provider License (SPLA)?

If your business model involves hosting applications, websites or data, chances are that Microsoft will require you to obtain and follow a SPLA. Businesses that use Microsoft software for internal use only, or where third-party access is anonymous or unauthenticated, do not need a SPLA. With limited exceptions, Microsoft does require customers engaged in commercial…

201903.08
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BSA Audit Timeline

One of the top ten questions asked by my clients is “How long does the BSA self-audit process take from start to finish?” Of course I give the standard lawyer answer: it depends. Here are the steps to a typical BSA audit. Preparation of Audit Materials (3 to 6 months) A BSA audit is a…

201806.20
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What You Need to Know if You Receive a Letter from BSA | The Software Alliance

Preparing the BSA Audit Materials BSA | The Software Alliance’s primary enforcement tool is to send a threatening letter indicating that an investigation has commenced and offering to forego litigation if the target company provides a self-audit. A self-audit consists of a listing of all BSA member software running on a company’s computer networks, appropriate…

201801.15
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What I Learned in the Last 10 Years Defending BSA | The Software Alliance Audits

I am an intellectual property attorney in Southlake, Texas who has handled more than 230 Business Software Alliance audit matters for small to medium-sized companies. For the last ten years, I have been representing end-user companies nationally in software audit matters initiated by major software publishers including Microsoft, Adobe, Autodesk, IBM and their trade groups…

201611.14
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Microsoft Clarifies Rules Related to Self-Hosting

I previously presented my thoughts here regarding changes Microsoft made to its Product Terms pertaining to the Self-Hosted Applications benefit under Software Assurance. After publishing that entry, Microsoft reached out to me to clarify that the principal effect of the change actually is to increase self-hosting rights by extending them to deployments hosted by a…

201609.13
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Is Microsoft Trying to Kill Self-Hosting?

Earlier this year, with no fanfare (which is perhaps unsurprising), Microsoft implemented a significant change to its Product Terms pertaining to Software Assurance (SA) benefits that likely will have a significant licensing impact for companies that have taken advantage of the Self-Hosted Applications benefit accompanying SA. For several years now, Microsoft has allowed customers with…