Vondran Legal® - Software Audit Defense Law Firm - Business Software Alliance Adobe audit letters, are these legit? Call us at (877) 276-5084 if you are concerned about using unlicensed or cracked Adobe software, including creative suite.
Click here to listen to the podcast
Our IP law firm has helped nearly a thousand companies settle software piracy and infringement disputes, including federal court litigation involving software publishers. In short, we are a clear leader in handling these cases in the United States. These cases are postured as copyright infringement matters, which falls under federal law. This vast experience also includes a rich history dealing with the Business Software Alliance and their team of regional law firms that used to handle Microsoft audit cases, and Adobe and Autodesk cases. However, years back, the BSA appeared to get out of the enforcement game, and we have not heard back from them until recently.
Recently, I had a client receive a letter from the BSA which appeared to be either strongly urging or recommending her company to engage an an audit and buy software if short, but to also fill out a "declaration" and a software inventory sheet, and submit proofs of purchase to the BSA.
I was a bit floored as a Copyright Watchdog® and in reviewing the letter - which was very cleverly written - it does NOT seem to be a mandatory requirement to engage in this out-of-the-blue audit of a company's software. Now, each letter must be reviewing independently, and it is not clear if the Adobe EULA is the driving force behind the audits, but my review of the letter at hand did not appear to make any strong case that the audit was REQUIRED. If true, is this just a software marketing campaign by Adobe, using the BSA to handle any audits Adobe users might respond to? BEFORE YOU ENGAGE IN ANY SOFTWARE AUDIT, call a software licensing and compliance firm to see if you are legally or contractually required to engage with the BSA. Why would you stop your business and immediately comply with something you may not be required by law to do? Moreover, complying with this request may actually put you in a position where you are admitting, in writing, that you are not properly licensed. That would be truly an undesirable "taking of the bait" in my opinion, as an experienced software lawyer.
What does the letter say?
Here are few clips from the letter. As you can see by their choice of words, and use of bold letters, it makes you feel like you might have to engage in this process. The email may include (a) a demand letter, (b) a software audit spreadsheet for you to mark down all the software you are using (c) a number to call one of their "agents" and (d) a "declaration" that want you to sign making affirmative representations that may or may not be true. Be careful folks!
Are you legally required to respond?
Each letter should be read separately as this may not be a "one-size-fits-all" letter. If you are seriously concerned about your Adobe software licensing and entitlements, the letter may actually make sense and you would be wise to fix the problems and bring your company into compliance. Just HOW you do that is something we can discuss.
Contact an Adobe software audit defense law firm
We can be reached at (877) 276-5084 or fill out the contact form and we will reach out to you.