Ask Your Legal Question. Legal Experts Answer You ASAP.

(Not a Legal Question?)

to whom it may concern, can the BSA legally require proofs ...

Sent to Legal Experts October 1 2007 at 6:17 AM
   

to whom it may concern, can the BSA legally require proofs of purchase for 10+ year old software receipts from a sole proprietor business. Laura Wise

 

Optional Information:
Delco, North Carolina

Already Tried:
just doing research

Customer (name blocked for privacy)
Reply
October 1 2007 at 8:45 AM (2 hours and 12 minutes and 12 seconds later)
         
Thank you,
The BSA is Business Software Alliance. Back in Jan. of this year an employee got fired in the process he reported the owner for using eg: micosoft word on several different computers. A law firm contacted him and requested an internal audit to prove or disprove the claim. The owner agreeded to the audit and the law firm requested receipts of the original purchase for the programs on the office pc's. Well they were purchased over 10 years ago so the original receipts are no longer around. Now this law firm is sending letters threatening a law suit in excess of 150k for each pc in question. they have noted a copyright law number. I would like to send a strongly worded letter in hopes of getting them to stop the harassing letters. Please advise
Best regards
Laura Wise
Answer
October 1 2007 at 9:09 AM (23 minutes and 39 seconds later)
         
ACCEPTEDCheck Mark
I will give you general information since I do not know the specifics of your case. In order to win the law firm would have to prove: 1) knowingly "pirating" software; 2) that the software was not purchased; 3) that the statute of limitations in your state has not passed; and 4) damages.

They, bringing the case against your company, have the burden of proof. That means that they must prove all of the items that they are claiming by a preponderence of the evidence, or, in other words, that they prove their allegations are "more likely than not". What are your defenses? Was the software purchased from a reputable seller, can you call the seller as a witness? What is the statute of limitations in your state? Does the BSA have any defenses to a statute of limitation argument? What have their damages been?

The more proof you have to defeat these allegations the better you will be in negotiations. If you have a legal department, have them investigate these issues. If not, please consult with a contract lawyer in your state and ask him/her these questions and how to mount a capable defense. Then, after that is done, your attorney can send a letter telling the BSA to stop. The first step is to investigate this and get all the documentation that you can to support your case.

Please contact me if I have not answered all of your questions. If my answer is satisfactory please accept it. I really appreciate positive feedback.

In the future, you can specifically request that I work with you on your legal question. If you have specifically requested that I answer this question, thank you.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

Think you can answer this question?
Login or Become an Expert

 

DISCLAIMER: You acknowledge that any information you may obtain from individuals you contact through use of the JustAnswer service comes from those individuals, not from JustAnswer, and that JustAnswer is not in any way responsible for any of the information these third parties may supply. The site and services are provided "as is" with no warranty and no representations are made regarding the qualification of an Expert. Responses and comments on JustAnswer are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment or accounting) and do not establish a professional-client relationship. JustAnswer is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.

JustAnswer > Legal