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Scope of Autodesk audit

Posted by Steve Vondran | Aug 27, 2022

Attorney Steve® Software Audit Essentials

telescope software audit

Introduction

When your company uses Autodesk software, you are subject to an audit at any time.  This is set forth in the audit clause.  However, when the audit "love letter" (as we call it) comes, it will many times ask you to audit NOT ONLY YOUR OWN COMPANY but also contractors and independent agents and others.  Should you comply with their request in full detail?  Let's take a look.

What is the scope of the audit?

An audit demand letter may have language similar to the following:

As stated in our correspondence you should audit, all company computers, laptops and servers and including all management including their family members, employees such as designers, etc. and third parties (such as contractors and interns), in the US and internationally.

While I understand the need to audit your own company issued products for software installations, should you be required to audit third party independent contractors?  This is a subject of debate.

My opinion is as follows:

1.  Independent contractors are "independent" for a reason.  They use their own tools, set their own hours, license their own software, and their software compliance is their issue in my opinion.

2.  Now, if you know a contractor is using pirated software for the benefit of your company, that can be a potential legal issue, but does this require you to audit them?

3.  To me, Autodesk will typically have the right to audit them (assuming they have installed AutoCAD or Revit, for example and an audit clause exists, so I typically refuse to audit contractors.

This is general legal information only and not legal advice.  If you need help responding to a demand for an Audit, call us for a free initial consultation.  The audits can come from three different sources:

a. Autodesk internal (where they typically request you to run an AIT scan on all of your computers), in this scenario you are dealing with a team of IP lawyers;

b.  A letter from Autodesk's law firm (Donahue Fitzgerald) where you are also dealing with extremely experienced copyright attorneys;

or

c.  A demand letter from the Business Software Alliance ("BSA") which has Autodesk as a member.  These cases also involve dealing with experienced technology and software law firms regionally and the monetary stakes can be VERY HIGH.

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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