Copyright infringement relating to software licensing is a
complex issue. The Copyright Act allows software publishers to
pursue copyright infringement claims against consumers who fail to
adhere to specific terms of the license agreements, even if the
consumer purchased a license.
One of the most common mistakes in software asset management is
purchasing the wrong license for the product installed. Smaller
companies sometimes purchase computers with software pre-installed,
such as Microsoft operating systems or Microsoft Office Suites. One
particular issue affecting smaller companies involves the
commercial restriction found in Section 12 of the Microsoft Office
End User License Agreement. In order to obtain the most favorable
price on new machines, a business may order the computers
pre-installed with Microsoft Office Home & Student Edition
instead of Microsoft Office Home & Business. This distinction
is significant, because the license agreement prohibits the
