Anti Piracy Q&A - How does communication with an audit group lead to additional audit problems? Print E-mail
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Anti Piracy Q.) Once we have been targeted for a software non complinace audit, how should we communicate with the copyright enforcement auditors so that we don't compound the problems we already have?

Answer: Communicating with the software police or copyright cops is a great deal like walking blindfolded through a mine field wearing size 21 shoes. One false step, and… Catastrophy!

One of the most significant reasons for this is that these folks cultivate a shroud of secrecy surrounding their operations. When the targets of a copyright audit have no idea what they need to do or how thoroughly they are threatened, it's really easy to set 'em up and knock 'em down. (In this case, YOU are the 'em.)

Due to the complex web of gag rules and confidentiality requirements included in nearly every violation confrontation, the enforcement industry has managed to ensure that consumers have no idea what to expect or how they must approach a piracy or non compliance confrontation. One of the most common mistakes we all make during the audit event is in how poorly we communicate with the auditing group.

Our short answers, based on the experiences of individuals and companies that have been audited:

  • You must become familiar with the entire range of licensing and compliance requirements so that you understand your rights and responsibilities in the context of the audit risk.
  • Once you understand your actual relationship with enforcement entities, you will be significantly more capable of reducing the impact of an audit. Otherwise, you are pretty much defenseless.
  • NOW, today, while you still have spare change to count, you need to set in place a clear and concise audit response plan that you and every employee in your enterprise will follow precisely when the license non compliance auditors come calling.
  • Always, always, establish your communications channel via a qualified legal representative. Let THEM do the talking for you.
  • Whatever you do, do NOT get into a discussion with the enforcement group yourself. (And don't let your CEO do it either.)  These people believe in the letter of the law and they will happily make full use of anything you say in pursuing their case against you.
The most accurate vendor-neutral answers to your audit response questions are available only through The Network web presence coupled with The Institute professional development programs at biztechnet.org.

Cost free/cost cutting, example:

The compliance enforcement industry relies on the inability of the average business technology consumer to afford an effective legal defense. Unless you have nearly unlimited access to highly qualified legal counsel, you’ll never be able to counter the big money that the enforcement entities will spend to confront you. (Based on this simple observation, can you guess one of the major reasons why the majority of confrontations are settled out of court?)

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