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Software compliance fines are levied by software vendors and industry watchdogs like the Business Software Alliance (BSA) and the Canadian Alliance Against Software Theft (CAAST). Penalties are specified under Title 17 of the US Federal Code and the Chapter C-42 of the Revised Statutes of Canada 1995.
Civil penalties for software piracy vary by country. Title 17 of the US Federal Code stipulates a maximum fine of $150,000 per software title infringed. Chapter C-42 of the Revised Statutes of Canada stipulates unspecified liability for damages.
Regardless of the location, it is not uncommon for the BSA or CAAST to settle anti-piracy cases for damages in excess of $100,000.
Civil penalties for software piracy vary by country. Title 17 of the US Federal Code stipulates a maximum fine of $250,000 per software title infringed and up to 5 years in jail. Chapter C-42 of the Revised Statutes of Canada stipulates a maximum fine of $1,000,000 per software title infringed and up to 5 years in jail.
In addition to civil fines based on the number of titles infringed, organizations are required to purchase legitimate copies equal to the number of instances of illegal software installations. In addition, these copies must be purchased a full retail price, not at volume discount prices.
Software overspending is the flip side of compliance. Many organizations have purchased more software than they need because they do not track installations and have no idea what applications are in use.
In addition to civil fines based on the number of titles infringed, organizations are required to purchase legitimate copies equal to the number of instances of illegal software installations. in addition, these copies must be purchased at full retail price, not at volume discount prices.
According to Patricia Adams at Gartner Group, on average, enterprises will more than 5,000 employees are over-licensed with their software. "Enterprises typically over-buy software in an attempt to deter the threat of an audit from the Business Software Alliance, or as a matter of not paying close attention to what software is actually being used in their organization over time. Installing a software usage tracking process can help enterprises optimize software license allocation and contain maverick overbuying. On average, an enterprise can save up to 5 percent in license fees in the first year, and 2 percent to 3 percent in ensuing years."
There are usually several options to consider at the end of a lease term. No matter the type of lease, IT managers need to track each machine tied to a lease to avoid:
An automatic lease extension Some leasing companies automatically tack on a lease renewal if they are not notified of an end-of-lease decisions 90 days prior to the lease end date. Although these PCs may still be in use, they are typically outdated and hard to support;
Extra Hardware and Software Costs Leased PCs are often upgraded with new software and hardware by the lessee. These hardware and software expenditures are wasted if they are not harvested prior to returning the PC to the lessor.
Savings in this category come from having current configuration and availability information when considering new purchases.
Hardware can be directly re-deployed to new users.
The purchase of new software licenses can be avoided if IT management can quickly determine software installed on machines that are being retired or returned to the lessor.
With ongoing automated inventory information (including configuration changes) in the hands of support staff, they can diagnose and fix problems more quickly.
Migration planning and execution is more efficient when IT staff have current configuration information in hand.
Executing migrations with more precision (from the financial and the technical perspective) provides benefits to the IT department as well as the company by allowing them to confidently commit to budget and project obligations.
Automatically collecting and reviewing detailed configuration information allows standards to be intelligently defined and enforced- reducing the number of time spent supporting outlying products and configurations.
