September 2021
Technology Law Update

Superseding Audit Rights for Software Copyright Infringement: Settlement Agreements Versus Software License Agreements

Third-party auditing entities such as BSA and SIIA craft their own settlement language, which is generally approved by the software publishers they represent. However, it is possible that the audit request itself, in addition to the language in the settlement agreement may conflict with an existing software license agreement. Here are some conflicts to consider.

What If I Discover Unlicensed IBM
´╗┐Software on My Servers?

For most software, the response to such a discovery will be to simply remove any unlicensed, unneeded products and to purchase licenses for whatever is left. However, with IBM software, that solution may not resolve all liability associated with the unlicensed deployments.

How Can Scott & Scott, LLP Help You?

We have more than a decade of experience and our legal and technology staff have handled hundreds of software licensing transactions, software audits, technology contracts and IT transactions.To learn more about our services, contact Robert J. Scott, Managing Partner, at for more information.