Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Business and Technology Law

Intellectual Property Law

: Business and Technology Law

Proof of License in SIIA Software Audits

By Stephanie Robinson

Like all audits, success in a SIIA software audit depends less on what you own and more on what you can prove that you own. Although not required by law, the SIIA takes the position that a target company is out of compliance for each installation of SIIA member software products for which the target company cannot produce a dated proof of purchase. Many clients are dismayed to discover what does and does not constitute valid proof of purchase according to the SIIA. Not Considered Valid Proof 1. Copies of Checks to Software Vendors 2. Dated Purchase Orders 3. Undated Software Licenses 4. Credit Card Statements Evidencing Software Purchases 5. Certificates of Authenticity 6. Media, Manuals, or Key-Codes 7. Invoices Bearing and Entity Name Other than the Entity Named in the SIIA?s Initial Letter Valid Proof of Purchase 1. Dated Invoices in the Name of the Audited Entity 2. Soft Records (online account statements) from Recognized Resellers 3. Signed and Dated License Agreements 4. Soft Records from SIIA Member?s such as Microsoft Licensing Statements 5. Cash Register Receipts for Retail Sales where Product, Version, Quantity and Price Paid are Included. Understanding how the SIIA analyzes software audit materials is critically important to achieving the most favorable outcome. In our experience, it is the most time consuming and difficult part of the process for clients to handle on their own. Scott & Scott, LLP is not affiliated in any way with the SIIA.

Full post as published by Business and Technology Law on August 18, 2010 (boomark / email).