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Microsoft to Get Tough on License Dodgers

An anonymous reader writes "PC Advisor reports that Microsoft is going to start getting tough with certain small business customers. They are going to examine their small customer license database — any discrepancies and it will call you for an audit. If you refuse it will send in the BSA and the legal heavies. "

6 of 564 comments (clear)

  1. Here we go again by Anonymous Coward · · Score: 5, Informative

    http://www.osv.org.au/index.cgi?tid=91

    One of the hoariest linux switch stories is about Ernie Ball, a company that makes guitar strings. The BSA treated them miserably and tried to make an example of them with a court case and huge publicity. Ball retaliated by switching to Linux and launched their own publicity campaign aimed right back at Microsoft.

    Microsoft is between a rock and a hard place on this one. They could end up with a bunch more high profile switching-to-linux stories to contend with.

  2. Re:But, can the BSA actually do anything? by Todd+Knarr · · Score: 5, Informative

    There's a clause in the EULA where you give Microsoft or it's agents the right to come in and audit you at any time, at your expense. Refuse to let them audit and you're automatically in breach of every Windows license you have in addition to any other violations. And they'll hold that you agreed to the EULA for any pirated versions as well, since you had (in their opinion) to click OK to the EULA to be able to install the pirated copy and that constitutes agreement to the EULA's terms.

    The only way out is to not be running any of their software and be able to prove it in court. Do that and make sure to have provided them that proof when you refused the audit and, while you can't stop them from suing you and getting a court order allowing them to do the audit, you can probably counter-sue them for every penny of costs.

  3. Re:So true by jstomel · · Score: 5, Informative

    Nope, read your EULA. Microsoft has the right to audit at your expense at any time.

  4. Re:So true by eric76 · · Score: 5, Informative

    Having disks, license keys, and boxes on site apparently isn't enough.

    According to some reports, the BSA reportedly requires original invoices dated before notice of the audit and showing the company name exactly. Supposedly, if you change the name of the company, you have to buy a whole new set of licenses and have the original invoices to prove it.

    That is one of the best reasons of all to ditch Microsoft for good.

  5. Re:So true by Uncle_Al · · Score: 5, Informative

    Sorry, but that is bull.

    While they do license per developer, you can change the licensed developer.
    http://www.trolltech.com/products/qt/licenses/lice nsing/qtlicensing

  6. Re:So true by eric76 · · Score: 5, Informative

    The question isn't what a jury is going to find. It is what the BSA considers acceptable to keep them from taking you to court for software piracy. They know that the enormous litigation costs means that few, if any, cases will ever see a jury.

    From Proof of License in BSA Audits:

    Not Considered Valid Proof


    Copies of Checks to Software Vendors
    Dated Purchase Orders
    Undated Software Licenses
    Credit Card Statements Evidencing Software Purchases
    Certificates of Authenticity
    Media, Manuals, or Key-Codes
    Invoices Bearing and Entity Name Other than the Entity Named in the BSA's Initial Letter

    Valid Proof of Purchase

    Dated Invoices in the Name of the Audited Entity
    Soft Records (online account statements) from Recognized Resellers
    Signed and Dated License Agreements
    Soft Records from BSA Member's such as Microsoft Licensing Statements
    Cash Register Receipts for Retail Sales where Product, Version, Quantity and Price Paid are Included.