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>From: JOberholtzer@xxxxxxxxxxxx [mailto:JOberholtzer@xxxxxxxxxxxx] 
>they would have gotten the fees that were due, 

And fines and back interest? 

Or are you saying that if BSA came in and said, oh, you're non-compliant,
you have five copies of xxx that you don't have a license for, each copy
costs $100 please pay the software maker $500 everything would be ok?

If the former, ok, if the latter, then every company should simply be
_willing_ to pay for software. IF they ever get audited then they'll pay
what they would have in the first place, if they're not audited then they
don't have to pay for software at all.

-Walden

------------
Walden H Leverich III
President
Tech Software
(516) 627-3800 x11
(208) 692-3308 eFax
WaldenL@xxxxxxxxxxxxxxx
http://www.TechSoftInc.com 

Quiquid latine dictum sit altum viditur.
(Whatever is said in Latin seems profound.)
 

-----Original Message-----
From: JOberholtzer@xxxxxxxxxxxx [mailto:JOberholtzer@xxxxxxxxxxxx] 
Sent: Thursday, August 21, 2003 9:22 AM
To: pctech@xxxxxxxxxxxx
Subject: RE: [PcTech] Rockin' on without Microsoft







<snip>
Interesting article indeed. The thing that hit me most was:

>... [BSA] conducted a raid and subsequent audit ... that turned up
>a few dozen unlicensed copies of programs.

And

>"We won't do business with someone who treats us poorly."

Now, when you are using unlicensed copies of software who is treating who
unfairly?

-Walden
</snip>

OK, Walden I can see you're point, however what you did not mention in the
article was Ball's point that if the BSA had come in and asked for a
voluntary audit, and worked with the company, instead of using the Gestapo
jack boot up front, they would have gotten the fees that were due, and most
likely kept a customer.  Remember we are talking about 8 (eight) copies,
not 1000s.  A little common sense would be nice with these fellas.    We
had a company in Wisconsin that was treated the same way as Ball, and beat
the audit 100%.  BSA did not have to pay back this company for the money
they spent to defend themselves. (almost 20% of the gross profit for the
year)   Why is that?

Jim Oberholtzer

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