Blogs

 
1Aug

Top Three Challenges in Standard IBM License Agreements

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IBM software licensing can present an array of interpretive and compliance challenges for even the most sophisticated licensees. Here are three of the most important things to keep in mind when planning to license IBM...
8Jun

IBM Software Audits Complicated by Diverse License Types

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Businesses that have endured software audits from industry groups like the BSA and the SIIA or from software publishers like Autodesk likely are familiar with the basic audit process of counting the total number of...

FAQ

 
Q: How long does the audit process usually take?

A: The IBM audit process can take a few months to a year or more, depending on the size of the network or products and services used by the company being audited by IBM. While IBM likes to say that its audit process is not disruptive to a company’s business operations, the audit process can be extremely expensive and use significant resources. Hiring experienced legal counsel can help minimize business interruptions due to IBM’s audit process.

Q: How long can IBM audit a company after a transaction document expires or is terminated? ?

A: In most contracts, IBM includes an audit clause that requires a company to keep records of its system and tools for an independent auditor to verify compliance with its licensing rules. IBM requires compliance during the time of the agreement and while the customer continues to use the IBM products. For example, in some instances in IBM contracts, the duty to comply with licensing obligations remains in effect for up to 2 years after the contract has been completed or terminated and the products are no longer in use.

Q: Why am I being audited now?

A: IBM has an aggressive auditing department and strives to audit each of its customers at some point during the professional relationship. IBM seems to prioritize certain cases where it believes that there likely is a compliance gap between what its customers own and what they have installed.

News

 
7Nov

How to Mitigate Five IBM Licensing Risks CLE*

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Because IBM products like WebSphere, DB2, Tivoli, Informix, and Lotus Notes are expensive, and companies cannot always easily or quickly verify compliance, companies are facing substantial unbudgeted financial risks associated with IBM licensing. For example,...
20Jul

Boutique Law Firm Relocates to Granite Place

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Boutique intellectual property and technology law firm, Scott & Scott, LLP, will move to new space in Granite Place, Southlake’s brand-new, full-service building this summer.

Presentations

 
16May

Fundamentals of Software Audit Data Collection

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In order to effectively manage their software usage and to mitigate software license-compliance exposure, companies need to know how to gather information regarding their product usage. While some software products may have unique data-collection requirements...
13Mar

Five IBM Licensing Obstacles and How to Mitigate Them

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CM Summit 2018, Speaker: Julie Machal- Fulks, Scott & Scott, LLP Because IBM products like WebSphere, DB2, Tivoli, Informix, and Lotus Notes are expensive, and companies cannot easily or quickly verify compliance, the risks associated...
26Dec

How to Mitigate Five IBM Licensing Risks

Comments (0)
Because IBM products like WebSphere, DB2, Tivoli, Informix, and Lotus Notes are expensive, and companies cannot always easily or quickly verify compliance, companies are facing substantial unbudgeted financial risks associated with IBM licensing. For example,...