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ARTICLE · 28 FEBRUARY 2014

When An Audit Is Not An Audit, Think Twice About Participating

In the software licensing world, all audits are not created equal.

United StatesMedia, Telecoms, IT, Entertainment

In the software licensing world, all audits are not created equal.

On one hand are the "true," contractual audits. Here, the applicable license agreement gives the software publisher the right, usually upon notice and sometimes limited in frequency or scope, to demand access to the systems where its products are installed or a report of data demonstrating usage of those products. In many cases, a third party, like Deloitte or KPMG, is hired to review and validate the raw data. At the end, the audited business typically is required to purchase licenses to cover any unlicensed usage discovered as a result of the exercise. Penalties may be required as well. If the publisher does not also offer a release of past liability, the audited business should demand it before paying anything.

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