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Straw man.

No, it isn't. I quote from your posting:

Each of those machines comes equipped from the OEM with a paper license. If he can't produce it, he's in violation.

If you weren't referring to OEM-installed software, why did you reference it? I agree that it would be more difficult to copy OEM supplied software and that would be a more overt act -- but that's not what was described in this article.

Not true. It's a violation of federal copyright law -- which carries criminal penalties. There is a dollar-value threshold at which civil becomes criminal.

I looked it up: it's $1,000 retail value, over a 180-day period. But, the same statute also requires "willful infringement". "Willful" is not clearly defined, except that the legislative history merely states that "nothing in the bill . . . modifies liability for copyright infringement, including the standard of willfulness for criminal infringement."

Did the business in question commit "willful infringement".? Based on the information we have, I would say no. As the owner noted, the BSA auditors wouldn't consider that the software in question could be documented as not even being used -- which would seem to be a necessary pre-requisite for willful infringement.

Keeping accounting records for the IRS is an order of magnitude more difficult than maintaining a file of software licenses.

We aren't talking about just maintaining a file of software licenses. My question remains: how many businesses do you think would be actually 100% compliant, considering the rapid obsolescence of computers and the ability for users to install software? Would yours?

If you weren't referring to OEM-installed software, why did you reference it?

Because the vast majority of customers don't have site licenses and don't buy retail. They get their machines from an OEM such as Dell or Gateway or Compaq.

This is a sideshow. Regardless of where you get your machine, you get a license. You're trying to erect a strawman regarding how people get their machines. Nice try, but it's still a strawman.

I looked it up: it's $1,000 retail value, over a 180-day period.

8% of 72 desktops amounts to greater than $1,000.

"Willful" is not clearly defined... Did the business in question commit "willful infringement".? Based on the information we have, I would say no.

Of course you'd say that: You regularly side with freeloading GPL bigots. [willful: adj. Said or done on purpose; deliberate.] And it's really humorous because you lack the basic information which led the BSA to audit Ball in the first place; consequently, you're in no position to make any such determination.

We aren't talking about just maintaining a file of software licenses.

Oh, yes. We are. That would have been sufficient to repel the lawyers.