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The Software and Information Industry Association (SIIA) Files Three Lawsuits Against eBay Software Dealers; Robert J. Scott, Managing Partner, Scott & Scott LLP, Issues Response Statement

Posted on: Monday, 22 May 2006, 12:00 CDT

"The SIIA recently filed lawsuits against three eBay software dealers, alleging they sold pirated copies of Symantec and McAfee software. In response, Scott & Scott, LLP, (www.scottandscottllp.com) would like to caution businesses that the purchase of illegitimate software on sites like eBay leaves them susceptible to significant Business Software Alliance (BSA) and SIIA fines.

Further, when companies purchase illegitimate software, they often end up spending significantly more than if they had procured the titles through a reputable discount provider, whose documentation can withstand audit scrutiny. In software audits, deeply discounted eBay invoices are routinely rejected by the BSA and SIIA. Businesses frequently end up losing the money they spent for these products, need to purchase the titles again, and still face significant fines.

This is an extremely serious issue; the SIIA estimates that over 90 percent of software sold on eBay is being sold illegally.

The true victims of software counterfeiting are end-users, who unknowingly purchase discounted versions of software titles they believe to be legitimate. Unfortunately for these businesses, when the BSA, SIIA or software publishers come knocking on their doors with the threat of a software audit, having purchased the titles in good faith will not provide a viable defense to a copyright infringement claim, leaving them susceptible to fines, frequently exceeding $100,000."

Editor's Note: Robert Scott is an expert in software license compliance and conducts regular seminars entitled, "Successfully Defending Software Audits" and "Software Asset Management & The Law." Robert graduated summa cum laude from Austin College in Sherman, Texas with a B.A. in economics. He earned his law degree from Hofstra University School of Law in New York. Robert is a member of the State Bar of Texas, the Information Systems Audit and Control Association, the Managed Services Providers Alliance, the IT Compliance Institute, and the Science and Technology Section of the American Bar Association.

Scott & Scott (www.scottandscottllp.com, www.bsadefense.com, http://www.siiadefense.com/) is a leading law and technology services firm dedicated to helping senior executives assess and reduce the legal, financial, and regulatory risks associated with software compliance. Scott & Scott's legal and technology professionals provide software audit defense and software compliance solutions, all protected by attorney-client and work-product privileges.

Source: Business Wire

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