Friday, August 28, 2015

To meet the company specter Audit – Computer Week

The number of Business Software Alliance (BSA) – the trade association for the software maker – are clear: In Germany, nearly a quarter of the software used is not licensed or wrong, in Western Europe around 30 percent and worldwide even almost 40 percent. Software vendors therefore escapes every year immense sales.



license agreements usually contain a separate audit clause of the manufacturers the right to unannounced audits carry out.
license agreements typically contain . A separate audit clause of the manufacturers the right to carry out audits unannounced
Photo: lexkopje-shutterstock.com

The legal basis for the auditing of licenses in use is clear: are Copyright Rules governing the use and dissemination of intellectual property before – and this includes software. In Germany governed by § 101 of the Copyright Act (Copyright Act) to claim a copyright on information. Therefore, a producer has the right, at a customer to check the proper license use. Denied this is the audit, the manufacturer can even arrange a tour through an injunction.

A license audit is usually initiated by the manufacturer. In rare cases, the test is even arranged by the district attorney or another lawyer channel. The BSA tries to prevent such false Licensing and piracy. Manufacturers may freely decide who carries out the audit – its own staff, outside experts, or independent auditing firms like KPMG or Deloitte

audits are now standard of the major manufacturers.. Microsoft, IBM, Oracle, SAP – each of the manufacturers regularly audited its customers. Microsoft, for example, plans to each of its major contracts, such as Enterprise Agreements, Select Plus agreements or Microsoft Products and Services Agreements, even to audit during the term. It develops slowly and regularity audits are probably soon become standard. The observation shows that Microsoft is certainly one of the Audit Leader. But other manufacturers are here in every way.

audits Elements of the contract – with all the consequences

The rights of the manufacturer are documented in a rule in the contract with the customer. The focus is on the collection and analysis of the licensing situation. Therefore, the customer must provide an overview of the software products he uses and what licenses he has acquired. An audit may only products undergo that have been acquired over the audited contract

For Microsoft products means that, for example:. OEM Software and package products must not Microsoft check. Only when these are in addition equipped with update licenses from volume license agreements, they change to a volume license. Only then Microsoft has the right to review these licenses. With the signing of a volume license agreement, the customer agrees to be properly licensed and to document the terms of license and the license inventory daily basis.



Important for corporate users

A false licensing may have serious consequences. It adheres always the one who carried out the infringement. In the company’s corporate management. Depending on the legal form can for example be a shareholder, director or manager. In rare cases, the criminal law is applied. So fines and even prison sentences of up to five years may be imposed.

The greatest risk are sure the unbudgeted spending on licenses. Depending on the degree of false Licensing large payments may be due. Some manufacturers also take retroactive maintenance costs to complete, covering the terms of license for past years. In addition to increasingly, customers accept the audit costs.

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In the course of an audit co-operation with the auditor is the best strategy. The requested information should be provided promptly. Otherwise, the customer wakes up the suspicion that he hiding something. The willingness to work together according to experience strongly influenced the further course of the audit. Of course, discovered under licensing must be immediately compensated.

The best way to prepare proactively for a possible audit before. A license management plan should be created on a regular basis, before any audit is announced. Because more time is available, the data recording is accurate and systematic, the quality of the results improved. In addition can be carried out based on the optimization and remove no longer used items from inventory – in an audit, this is no longer possible. (BW)

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