Anti Piracy Q&A - How Closely are Purchase Receipts Reviewed During an Audit?
Software Piracy - Q.) - This question could have multiple answers but the bottom line is this: During an anti piracy audit, receipts are the prime documentation auditors will check--and they'll check them in microscopic detail. Here are a few issues that you could easily run into during a piracy or copyright violation audit.
Remember: The core problem with ALL software piracy, license compliance, or copyright enforcement audits is that you can never predict what the auditors are going to demand. The only effective method for ensuring that you are not caught without necessary data is to ensure that you have retained as much of the potential documentation as possible.
Do NOT become a crazed due diligence do-gooder. Learn what to expect and maintain reasonable records. (But always be prepared for surprises...)
Anti Piracy Answers:
My primary recommendation is that you need to always ensure that receipts
are ACCURATELY completed at the time of purchase. To qualify as the most
powerful due diligence document, the receipt should clearly state that:
YOUR company purchased the product,
The precise name of the product--including version and/or release,
The precise type and count of the license you purchased,
The precise name and contact information for the reseller,
How much you paid,
How you paid (link back to a check or a paid invoice)...
Purchase orders are not acceptable as proof of purchase. You have to show the software auditors specific documentation of your actual payment.
Sometimes, if the copyright holder is a frequent victim of
counterfeiting, you "may" only be asked to produce certificates of
authenticity. Then, with luck, your receipts will only be subjected to
a quick review. (Don't plan on it.)
If the auditors suspect that you purchased the licenses AFTER
loading the product, they may review the precise date of the receipt
and compare it to the date of installation on each device.
Also, always remember that the copyright holder has every right to closely review the type of license you acquired and compare that to the actual ways you are using the product.
Will the auditors closely review the receipts? Being prepared to defend
your proofs of purchase during an audit is ALWAYS less costly if you have intelligently
prepared--proactively--for the possibility of a compliance assurance audit from the day you
purchased the product.
Keep in mind that the frequencies of license non compliance and
copyright violation audits will only increase as more and more
copyright holders fall into the "sue 'em into submission" honey-trap.
Also, since license and copyright compliance audits are NOT regulated by any government
agency, you'll always need to be prepared for whatever the auditors
want to throw at you...
Rob Harmer
- You need to keep receipts a long time!
|121.45.19.xxx
|2009-03-20 06:18:29
A recent case in Australia went back 10 years and the organisation was penalised for license infringments as far back as 10 years ago.
This means the retention of receipts and invoices from vendors as proof of purchase is very important and the length of time that you keep these records needs to be comsidered as well.
The recent case here in Australia had Autodesk tracking back 10 years on one engineering site and they were penalised accordingly.
If that's any indicator then others will do likewise. They tend to follow each others lead so pay attnetion to receipts and matched software inventories.
