Best Practices: Dealing with the BSA and SIIA

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Dozens of readers and software industry executives wrote in response to these columns. One reader, an IT manager, went on a group camping trip that included an employee of the BSA. The BSA employee argued the entire week with our reader, convinced that no company actually paid for all the software they used and accurately tracked their license requirements.

This is only one case, detractors say, but this attitude radiates from the BSA constantly. Everyone is guilty, and the BSA is judge, jury, and financial executioner. Over two years ago I wrote about this issue in a column entitled No One Expects the Software Inquisition. Funny title reference to Monty Python notwithstanding, the use of the term Inquisition on my part was deliberate: they have the power, they have the deep pockets, and they can ruin any small business they want to ruin with their allegations.

Don't believe you're exempt, because the BSA offers rewards of up to $200,000 for information about what they consider software piracy. They dangle 200 large in hopes a disgruntled employee, or ex-employee, will squeal on you for the huge reward. They dangle anonymity, promising to fight in every court necessary to keep their rats, I mean informants, protected. Worst of all, they refuse to admit what type of information they regard as sufficient to trigger an investigation.

Attorney Scott says several of his clients fought the BSA and paid hefty fines they didn't deserve because the enticements offered to rats, er, informants. The only legal proof your software is legal, according to the BSA, is a dated invoice with every pertinent detail made out to exactly the company name. An employee wants the reward, they steal the invoices, quit, and call the BSA hoping to win the weasel lottery.

If a fire hits your business, you will suffer and struggle to continue. If a natural disaster hits, you'll do the same. Should you have to struggle and maybe lose your business to a bunch of bureaucrats with unsubstantiated allegations of wrongdoing waving legal threats? No, but that's the reality today. You've been warned.