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ARTICLE · 25 JUNE 2014

Autodesk Settlement Agreements: Beware Restrictive Superseding License Terms

A software audit typically resolves in one of three ways: a dismissal, a settlement, or litigation.

United StatesIntellectual Property

A software audit typically resolves in one of three ways: a dismissal, a settlement, or litigation. The most common path to resolution is a settlement between the parties for potential copyright infringement stemming from allegedly unlicensed software. Software publishers sometimes authorize entities such as the Business Software Alliance ("BSA") or Software & Information Industry Association to pursue copyright infringement claims on its behalf, while other publishers prefer to pursue potential copyright claims directly.

Autodesk, for example, is among a number of software publishers that audits companies directly and use trade associates to conduct audits on its behalf.  If a company is unable to produce valid proof of purchase documentation for each of its Autodesk installations, that company typically pays a settlement fee and enters into a settlement agreement with Autodesk. Among the various provisions of the settlement agreement, Autodesk requires

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