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ARTICLE · 11 FEBRUARY 2014

Avoiding Spoliation Of Evidence Claims In Software Audits

A software audit is a complex, arduous, and time-consuming process for the average company.

United StatesMedia, Telecoms, IT, Entertainment

A software audit is a complex, arduous, and time-consuming process for the average company. Software auditing entities like the Business Software Alliance ("BSA") and Software & Information Industry Association ("SIIA") initiate software audits on behalf of software publishers to pursue potential copyright infringement claims arising out of software compliance issues.

The BSA and SIIA initiate software audits by sending letters to businesses advising of potential copyright infringement claims, and warning against destroying any potential evidence of software installations. Spoliation of evidence is a term commonly used to describe the destruction or disappearance of evidence that would otherwise be discoverable. For example, the target of a software audit is instructed by the auditing entity to refrain from making any changes to its network and software installations, deleting, decommissioning, or uninstalling any BSA-member of SIIA-member software during the

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