Scott Technology Attorneys

Software Disputes


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Microsoft Audit

Scott & Scott, LLP represents clients in Microsoft software audit matters conducted by the BSA and Microsoft SAM consultants.  Microsoft audits its customers using a variety of strategies. Small to medium-sized firms are frequently the target of a Microsoft audit initiated by a trade group such as the BSA.  For large enterprise and mid-market firms, Microsoft audits its customers through its software asset management partner channel in what is frequently referred to as a Microsoft Software Asset Management (“SAM”) engagement.

The other method Microsoft uses to audit its customers is by requiring each customer in select volume licensing plans to conduct a yearly or monthly self audit called a “True Up.” Scott & Scott has helped its clients navigate the true-up process by assisting with the audit process and negotiating more favorable terms to the existing or renewing volume licensing agreement.

Our lawyers and technology consultants also assist companies conducting an internal Microsoft audit for license true-ups, compliance initiatives, outsourcing contracts, and in connection with acquisitions and divestitures. Scott & Scott’s Compliance Manager ™ solution is a software license reconciliation tool used to assist clients in connection with a Microsoft audit. If you are responding to or conducting a Microsoft audit, please contact Scott & Scott for a free consultation.

Representative Matters

  • Defended companies of all sizes throughout the United States and Canada accused of software piracy by the Business Software Alliance in connection with the alleged over-deployment of Microsoft software. 
  • Assisted regional hospital with its internal Microsoft audit and its response to Microsoft regarding the sufficiency of its Microsoft licenses.
  • Advised global enterprise with more than 4,000 computers in connection with Microsoft audit related to true-up and affiliate enrollment provisions of Microsoft Enterprise Agreement.
  • Advised global enterprise with more than 2,500 computers in connection with renewal, look-back audit, and affiliate enrollment provisions of Microsoft Enterprise Agreement.
  • Advised companies regarding Microsoft EA True Up audit, deployment use characterization, and Enterprise Agreement renegotiation.
  • Advised multi-family property management company regarding strategic decision among Microsoft Enterprise Agreement, Enterprise Subscription, or SPLA licensing options.
  • Advised companies regarding Microsoft SPLA licensing requirements in connection with Microsoft audit dispute.
  • Assisted Independent Software Vendors (ISVs) with periodic Microsoft audits to ensure compliance with Microsoft royalty agreements.