Vondran Legal® Software Audit Essentials - Did you get a demand letter from the Business Software Alliance over Graphisoft Software? Call us at (877) 276-5084 to discuss your case.
Introduction
We have not heard much from the Business Software Alliance ("BSA") over the past few years. They used to represent Microsoft in software audits but disappeared off the map sometime around 2019. Last I heard, Microsoft has left the BSA enforcement program, and was working on its own software piracy blockchain initiative called Argus. But recently, the BSA surfaced again with a letter from Wiley Rein, LLP in Washington, D.C. The letter may state that they represent "Graphisoft SE" the maker of "Archicad." and may seek, not only a monetary settlement, but also a commitment to sign a "software code of ethics" and to permit the BSA to conduct future audits (the later not a good clause to agree to by any business or company). In exchange for the fee, and the other commitments, their letter may indicate they will forego suing you in federal court, while highlighting past recover cases by their IP law firm. What do you do when faced with this letter? First tip, seek legal counsel experienced in software settlements and litigation. It is wise to "lawyer up" before contacting the BSA as this is a very agressive company that has a history of seeking high settlements and one-sided settlement terms that must typically be negotiated by Copyright legal counsel.
Learn More About Microsoft Argus
I have a HUGE potential case for Microsoft that appears to include over 100,000 unlicensed copies of software being used. Amazingly, no matter how hard I have tried, I cannot get anyone at Microsoft, not a single person, to take any interest in pursuing the potentially LUCRATIVE case (perhaps in the MILLIONS). Perhaps this is because they are working on their "Argus Blockchain Software Piracy" project. Here is what I was able to ascertain thus far.
Who is Graphisoft Software?
From Wikipedia, the free encyclopedia
Graphisoft SE is a European multinational corporation that designs software, and is headquartered in Budapest, Hungary. As a subsidiary of Nemetschek, Graphisoft develops Building Information Modeling software products for architects, interior designers and planners. Graphisoft has subsidiaries in Germany, United States, United Kingdom, Spain, Japan and a representative office in Singapore. The company's flagship product is Archicad — an architectural design software developed since 1984 for Windows and Mac platforms. Some of their software products include:
- Archicad Solo
- Archicad Collaborate
- Archicad 27
- BM Clooud
- BIMx
They may have other copyrighted software products, but this is what I was able to locate.
Who is the Business Software Alliance (BSA)
The Business Software Alliance is NOT a software company. They are a trade association that has many major software publishers as members of their association. Some, like Autodesk, Adobe, and others have engaged the BSA to seek out software piracy and engage in settlement negotiations with illegal installers and users of their protected software. Here is more information about them.
How to deal with a Graphisoft audit demand letter
Here is what I recommend to any company dealing with either a software audit demand letter, or software infringement federal court litigation:
- Do not contact the opposing party
- Discuss your case with experienced software licensing counsel (we have handled nearly 1,000 software disputes since 2004)
- Review your entitlement position
- Discuss potential compliance shortages, over-sharing licenses, credential sharing, or the use of hacked or cracked software
- Retain legal counsel to defend you
- Work with opposing counsel to reach an amicable resolution, applying any potential defenses or mitigating factors
- Get case closed, and uninstall all unlicensed or infringing software
These general tips apply regardless of who the software publisher is, for example, we have dealt extensively with:
- Microsoft
- Adobe
- Autodesk
- Siemens
- Vero/Hexagon
- Ansys
- Dassault/Solidworks
Contact a Software Defense Law Firm
Foir most software audit engagements, we are usually able to fix a low flat rate fee (a one-time fee you pay to us to handle your matter). With this type of engagement, you know what you are paying your IP law firm, and there are no surprise bills at the end of the case. For federal software litigation cases (we have appeared in over 400 copyright-related lawsuits), we may be looking at an hourly fee engagement, but call us to discuss your case at (877) 276-5084 or email us through our contact form.
