On 4/25/2008 11:36 AM, John Oliver wrote:
On Fri, Apr 25, 2008 at 10:29:52AM -0700, Gus Wirth wrote:
The authority for performing the audit is the End User License Agreement
(EULA) for installed software. When you install a Microsoft product you
agree to be audited. The EULA is a business contract, so it has
different rules than if someone just shows up on your doorstep and says
"let me in", especially if you are a business. I haven't heard of any
cases where an individual has been pressed for an audit, only businesses.
A) How can they prove to a court that I have the software that is
covered by their EULA before searching? And, if they claim I have
"pirated" their software, how can they claim that I'm covered by the
EULA?
I don't think they have to prove anything. All they have to do is
convince the judge that there is a high enough probability that they
will find what they're looking for, and that what they're looking for is
illegal.
One thing I wonder... A search warrant is related to criminal activity,
but the only BSA action I've heard about is civil. They're getting the
judge/police to prosecute a civil matter.
Karl
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