TechSmith Joins Business Software Alliance (BSA)

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Intellectual property and technology law firm, Scott & Scott, LLP, sees the addition of a new member to the BSA’s roster, as more risk for small-to-mid sized businesses.

Scott & Scott, LLP

The addition of TechSmith, publisher of screen capture and recording software, including Camtasia Studio, Jing, and SnagIT to the membership list of the Business Software Alliance increases the risk that end users may be subject to a software audit, according to intellectual property and technology law firm, Scott & Scott, LLP.

The Business Software Alliance is a private trade organization whose members include the largest software publishers in the world and most notably Adobe, Autodesk, IBM, Microsoft, and Symantec. The organization, which has no independent law enforcement authority, pursues copyright infringement claims on behalf of its members against companies it accuses of violating its software license agreements.

The Business Software Alliance spends substantial resources marketing to former employees and vendors to encourage them to report businesses with the promise of confidentiality and potential cash rewards. The organization reports receiving more than 2,500 reports of PC software piracy on the internet or on a confidential toll-free phone line.

The more association members, the greater the risk to a business, especially small-to-mid size, to receive a BSA letter alleging the company has more copies of software than it is licensed to use and requesting an audit of all its computers, a review of software licenses and proof of purchases.

“Because the cost of litigation in most cases outweighs the cost to settle out of court, the BSA often is able to have businesses comply with an arduous software audit process that typically ends in a negotiated settlement involving a significant settlement payment to the association,” said Robert J. Scott, Managing Partner, of intellectual property and technology law firm, Scott & Scott, LLP.

“We support the BSA and software publishers in their right to protect their intellectual property and pursue software piracy. It's their broad definition of “software piracy” and some of their practices we object to. We believe that the BSA should do more to lessen the compliance burden on American businesses by reducing the complexity of license agreements and the challenging asset reconciliation process,” said Scott.

About Scott & Scott, LLP
Scott & Scott, LLP ( and is a boutique intellectual property and technology law firm with an emphasis on software disputes, technology transactions, brand protection, and federal litigation. Our lawyers and technology professionals take a principled approach to each engagement, leveraging our experience to provide value. Our clients range from mature small businesses to publicly traded multi-national corporations who work proactively with us to creatively solve business and legal issues. We regularly work as part of a team of in-house and outside attorneys managing large-scale legal projects. We take the time to listen to a client’s objectives and understand its business before developing a custom strategy and project plan designed to give the client visibility into the process and the potential outcomes.

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