That's nothing more than your opinion. You asked if I would concede this particular point, and I agreed to do so if you provided information about the BSA's process that leads to an "unannounced software audit".
The BSA has
this to say about Ernie Ball:
"Washington, DC (05 September 2000) -- The Business Software Alliance (BSA) today announced it conducted an unannounced software audit of Ernie Ball, Inc., a manufacturer of musical instruments and guitar strings located in San Luis Obispo, CA. On August 24, 2000, BSA representatives, accompanied by the US Marshals Service, carried out a court order to audit software published by Adobe Systems Incorporated, Autodesk, Inc., FileMaker, Inc. and Microsoft Corp. installed on Ernie Ball's computers. The legal action began with a call to BSA's anti-piracy hotline 1-888 NO PIRACY. BSA filed a complaint for copyright infringement in federal district court in Los Angeles, and the court ordered the unannounced audit of Ernie Ball's computers. The court also entered a temporary restraining order preventing Ernie Ball from deleting software from its computers. "
Here's another
one that describes their usual procedures:
"Washington D.C., (March 5) - The Business Software Alliance (BSA), a watchdog group representing the nation’s leading software manufacturers, today announced that eight California organizations agreed to pay a combined total of more than $512,000 to settle claims relating to unlicensed copies of software programs installed on office computers. In addition to making their respective payments, the organizations have agreed to delete any unlicensed copies, purchase replacement software and strengthen their software management policies. These BSA investigations began with a call to BSA’s hotline, 1-888-NO PIRACY or with a report to its website, www.bsa.org. Typically, after an initial investigation of the lead, the BSA contacts the organization reported, although in some cases it pursues a software raid. "
So there you have it in black and white: Their usual procedure is to contact the company during an investigation. They don't just dial the US Marshals. This information is consistent with what I've been saying on this thread. Just because you buy a piece of software doesn't mean that the BSA and US Marshals can enter your workplace or home. That requires a court order. If you let them in, you have nothing to complain about.
BTW, BSA offers a
self-audit tool for monitoring software licensing compliance -- for those whiners who complain that it's too
harrrrrrrrrrrrrrrrrd [use whiny voice here].
Finally, you came through. Thank you. And, yes: i concede the point, that the BSA obtained a court order.
But, this doesn't mitigate my concerns about the process:
The legal action began with a call to BSA's anti-piracy hotline 1-888 NO PIRACY. BSA filed a complaint for copyright infringement in federal district court in Los Angeles, and the court ordered the unannounced audit of Ernie Ball's computers. The court also entered a temporary restraining order preventing Ernie Ball from deleting software from its computers.
There's nothing in there about contacting him before conducting the uannounced audit. And, they even prevented him from remedying the problem by removing the software in question.
And the BSA admits the tactic in your subsequent quote:
Typically, after an initial investigation of the lead, the BSA contacts the organization reported, although in some cases it pursues a software raid.
So, they don't always contact the organization? Why not? Perhaps because they suspect a massive, willful infringement? If that's the case, the subsequent audit of Ball's computers don't seem to support that suspicion. And that brings us back to the original issue: did the BSA treat him fairly, or did they single him out to set an example? He thinks the latter is the case, and you appear to believe that was a possibility.
This information is consistent with what I've been saying on this thread.
And it's also answers the question I've been asking: if they always contact the person in question before escalating to a court-ordered action. The answer is "No". Given the history of this case, I could apparently pick up the phone and make an anonymous call to the BSA and claim that a competitor is illegally copying software. If I can convince them I'm an employee (or ex-employee), I can shut my competitor down.
BSA offers a self-audit tool for monitoring software licensing compliance
Have you used it? I'm curious about how it works. I might recommend it to our admins.