FREQUENTLY ASKED QUESTIONS
General
1. What is the BSA Software Audit Program?
The 2009 BSA Software Audit Program, is a unique, limited period, program that encourages organisations to conduct a software audit and ensure that all usage of BSA member companies’ software is legal. The program aims to address licensing issues among business organisations.
2. What are the requirements for joining the program?
Companies can join the program by simply conducting a software audit and ensuring all software on the premises is properly licensed and then filling out the BSA Software Audit Declaration Form and Software License Schedule. You may download the form from www.bsasoftwareauditmalaysia.com/.
3. What are the benefits of joining the program?
Once your company has been accepted under the software audit program, your company will enjoy 1 year immunity against BSA-initiated enforcement action until 31st March 2010.The full benefits include:
- Protection* from Software Raids – 1-year immunity from BSA initiated enforcement raids
- Save Money – You will know what licenses you have and what you don’t need to acquire
- Improve Business Performance – You can now make informed strategic, tactical and operational decisions
- Optimise Deployment – You can identify the company’s software needs, reducing time and hassle for the IT department
- Reduce Support Costs – Backup and recovery systems are easier to maintain when you know what software goes where
- Increase Staff Productivity – By standardising software versions, your users can work together seamlessly
*Subject to Terms & Conditions
4. Do companies need to pay any fees to join the program?
Registration with the BSA Software Audit Program is 100% free of charge. BSA is a non-profit organisation and our main objective is to promote the use of licensed software among companies.
5. What is the deadline to submit the Declaration?
The deadline to legalise all software and submit the Self Declaration Form and Software License Schedule/s is 15th April 2009.
6. What exactly do companies have to do under this program?
In order for the BSA to process your application to qualify and TO BE ACCEPTED by the BSA as a participant of this Program, your company has to do the following:
For organizations with 30 computers or less:
| Step 1: |
 |
Perform a software audit of all computers: ensure this covers all premises and branches |
| Step 2: |
Match installed software with licenses owned and legalize any pirated and/or unlicensed software found: check with the relevant BSA member companies on the correct licensing models and proof of license ownership documentation. |
| Step 3: |
Complete the Self Declaration Form along with the Software License Schedule to BSA, and have the Self Declaration Form signed by an Authorized Signatory. The Authorized Signatory should be the business owner or senior management ONLY. Senior management is defined as the President, CEO, CTO, CFO, Managing Director, Executive Director or Partner of the company or business. |
For organizations with more than 30 computers:
| Step 1: |
|
Contact one of the BSA recommended software audit partners and fix a date for a third party software audit. |
| Step 2: |
Complete the 3rd party software audit for all premises and branches of your organization. |
| Step 3: |
Complete the Self Declaration Form along with the Software License Schedule to BSA, and have the Self Declaration Form signed by an Authorized Signatory. The Authorized Signatory should be the business owner or senior management ONLY. Senior management is defined as the President, CEO, CTO, CFO, Managing Director, Executive Director or Partner of the company or business. |
| Step 4: |
Complete a separate Software License Schedule for EACH PREMISE OR BRANCH. |
| Step 5: |
Make copies of the Self Declaration Form and Software License Schedule for your personal reference and safe keeping at every premise or branch |
| Step 6: |
Send one (1) copy of the Self Declaration Form and Software License Schedules, in a sealed envelope, to the Business Software Alliance at
BSA Software Audit Programme
P.O. Box 8336, Kelana Jaya
46787 Petaling Jaya
Selangor |
Important Notes
1. Should you add, change, remove BSA member* companies’ software from any of the premises / branches mentioned AFTER THE SUBMISSION of the Declaration, kindly note your company is still required by, the Malaysian Copyright Act, 1987 to use legal software and have proper proof of license ownership documentation for each software tool.
2. The software under the purview of this program relate to all BSA member companies’ software. These companies include Adobe, Apple, Autodesk, Bentley Systems, CNC Software/Mastercam, Corel, CyberLink, Dassault Systèmes SolidWorks Corporation, Embarcadero, McAfee, Microsoft, Minitab, NedGraphics, Quark, Quest Software, Rosetta Stone, Siemens, Sybase, Symantec and The MathWorks. BSA regional members in Asia include Agilent Technologies, Altium, Frontline PCB Solutions - An Orbotech Valor Company, Mindjet, PTC, SPSS, Tekla and Trend Micro. BSA local affiliates include Esteem Innovation and UBS Corporation.
3. The Declaration shall be rejected if the submission is incomplete, or not signed by the business owner/senior management.
4. BSA reserves the right to cancel the immunity granted should there be inaccuracies in the Self Declaration Form and/or Software License Schedule.
5. It is recommended that you perform this audit and implement a proper software asset management practice as part of your company’s longer term software asset management process. This should include
|
a |
Setting policies and procedures to ensure compliance all year round: get senior management endorsement and employee sign off, appoint one “software asset manager” i.e. IT Manager, Finance Manager, Office Manager to centralize purchase, distribution, tracking and storing of software |
| b |
Creating and periodically updating a software asset database: to know your company’s on-going software needs |
| c |
Ongoing tracking and management: repeat this whole exercise from time to time ideally every 6 months |
7. Where do companies submit the Declaration to?
Send one (1) copy of the Self Declaration Form and Software License Schedules, in a sealed envelope, to the Business Software Alliance at:
BSA Software Audit Programme
P.O. Box 8336, Kelana Jaya
46787 Petaling Jaya
Selangor
8. Can a company be rejected by the BSA as a participant to the program?
If you fully comply with requirements of the BSA Software Audit Program, your application to join the program will not be rejected.
9. Is it compulsory to submit the Declaration?
The BSA recommends that ALL organisations submit the BSA Software Audit Declaration. The benefits include:
- Protection* from Software Raids – 1-year immunity from BSA initiated enforcement raids
- Save Money – You will know what licenses you have and what you don’t need to acquire
- Improve Business Performance – You can now make informed strategic, tactical and operational decisions
- Optimise Deployment – You can identify the company’s software needs, reducing time and hassle for the IT department
- Reduce Support Costs – Backup and recovery systems are easier to maintain when you know what software goes where
- Increase Staff Productivity – By standardising software versions, your users can work together seamlessly
*Subject to Terms & Conditions
10. Is my company too small to submit the Declaration? What is the minimum employee size or PC count?
The Copyright Act 1987 applies to ALL companies, big and small. No company is too big or too small to submit the Declaration. Endorsed by the Ministry of Domestic Trade and Consumer Affairs (MDTCA), the BSA Software Audit Program, is a unique, limited period, non-enforcement program that encourages ALL organisations to conduct a software audit and ensure that all usage of BSA member companies’ software is legal. The program aims to address licensing issues among business organizations of all sizes.
11. What about different subsidiaries / premises / branches? How do we submit for those?
Subsidiary/Premises/Branches
A separate Software License Schedule needs to be submitted for EACH PREMISE OR BRANCH, together with one Self Declaration Form.
12. What about non-commercial and non-corporate organisations (non-profit, academic, labs, internet cafés, training centres etc.)? Do we have to submit the Declaration as well?
The BSA recommends that ALL organisations submit the BSA Software Audit Declaration. The benefits include:
- Protection* from Software Raids – 1-year immunity from BSA initiated enforcement raids
- Save Money – You will know what licenses you have and what you don’t need to acquire
- Improve Business Performance – You can now make informed strategic, tactical and operational decisions
- Optimise Deployment – You can identify the company’s software needs, reducing time and hassle for the IT department
- Reduce Support Costs – Backup and recovery systems are easier to maintain when you know what software goes where
- Increase Staff Productivity – By standardising software versions, your users can work together seamlessly
*Subject to Terms & Conditions
Certain BSA member companies provide special licensing programs for educational and academic institutions. Kindly check with the relevant BSA member companies on the correct licensing models and proof of license ownership documentation for your organisation.
*Subject to Terms & Conditions
13. Does this mean we only have to submit the Declaration one time? What happens if we upgrade our company’s PCs or move premises throughout the year after we submitted the Declaration?
Should you add, change, remove BSA member companies’ software from any of the premises / branches mentioned below AFTER THE SUBMISSION of the Declaration, kindly note your company is still required by the Copyright Act 1987 to use legal software and have proper proof of license ownership documentation for each software tool. The Declaration needs only be submitted once for this particular program.
14. The benefits of the program include protection from BSA initiated enforcement action for 1 year. What happens after 1 year? Do we need to re-new / re-submit?
The Terms & Conditions of the program only extends for 1 year. The BSA will re-look into extending the program after that period.
15. What if we have already submitted a software audit to BSA? Do we need to re-submit?
Software licenses are usually updated frequently (transferred, increased, decreased etc) and therefore information provided previously may be outdated. Additionally, the BSA Software Audit Program has a set of Terms & Conditions with different benefits. Companies are required to re-submit using the Self Declaration Form and Software License Schedule in order to enjoy these benefits.
16. We are in the process of legalising our software licenses. Can we still join the program?
Absolutely, the program is specially targeted at companies that are either willing to legalise their BSA member companies’ software license, or are unaware that they may be using unlicensed BSA member companies’ software. Just submit the Self Declaration Form and Software License Schedule as well as the proper documents such as copies of invoices to show proof that your company is in the process of legalising by 15th April 2009.
17. We are confident that all our software is licensed. Should we still join the BSA Software Audit Program?
The BSA strongly recommends that companies that are fully licensed to still join the program. This is to ensure that you and your company will be protected from potential liability caused by employees who may be using illegal BSA member companies’ software without the knowledge of the management and to safe guard your company from unjust incriminations by disgruntled current or ex-employees who may have intentionally downloaded illegal BSA member companies’ software into the computers of the company without authorisation. The full benefits include:
- Protection* from Software Raids – 1-year immunity from BSA initiated enforcement raids
- Save Money – You will know what licenses you have and what you don’t need to acquire
- Improve Business Performance – You can now make informed strategic, tactical and operational decisions
- Optimise Deployment – You can identify the company’s software needs, reducing time and hassle for the IT department
- Reduce Support Costs – Backup and recovery systems are easier to maintain when you know what software goes where
- Increase Staff Productivity – By standardising software versions, your users can work together seamlessly
*Subject to Terms & Conditions
18. What if we don’t submit the BSA Software Audit Declaration?
If you are concerned about possible legal action, the BSA suggests that you conduct a simple software audit, ensure you are software compliant and register for the audit program. The benefits include:
- Protection* from Software Raids – 1-year immunity from BSA initiated enforcement raids
- Save Money – You will know what licenses you have and what you don’t need to acquire
- Improve Business Performance – You can now make informed strategic, tactical and operational decisions
- Optimise Deployment – You can identify the company’s software needs, reducing time and hassle for the IT department
- Reduce Support Costs – Backup and recovery systems are easier to maintain when you know what software goes where
- Increase Staff Productivity – By standardising software versions, your users can work together seamlessly
*Subject to Terms & Conditions
19. What if we don’t submit the BSA Software Audit Declaration by 15th April 2009?
The deadline to submit the audit has been stipulated as 15th April 2009. If your company is unable to submit the BSA Software Audit Declaration by this date, your company is STILL REQUIRED by the Copyright Act 1987 to use legal software.
20. I am not in charge of our IT department. Why did you send me the BSA direct mailer?
The joint mailer was sent to the business owner or senior management of the organisation with an informational pack for the Head of IT or Chief Information Officer (CIO). This is part of the BSA efforts to ensure that the senior management of companies are aware of the program as they are ultimately held responsible by the law under the Copyright Act 1987.
21. Did I get this direct mailer because we have been reported to the BSA Anti-Piracy Hotline?
All reports to the BSA Anti-Piracy Hotline are treated with strict confidentiality. The direct mailers are sent to companies nationwide. The communication is aimed at ensuring companies are aware of the program and are taking steps to get and remain complaint.
22. How did you get my contact details?
Details on all registered companies are widely available in the country. In this case, we have obtained an extensive list covering the majority of companies in Malaysia.
23. How is the privacy of the information submitted in the Declaration maintained?
The data procured during the audit report will not be shared with any other third party, other than with the copyright owner of each of the software declared.
24. What if someone other than the business owner/senior management signs the BSA Software Audit Declaration?
The Authorized Signatory should be the business owner or senior management ONLY. Senior management is defined as the President, CEO, CTO, CFO, Managing Director, Executive Director or Partner of the company or business. The Declaration shall be rejected if signed by some other persons.
25. What if we don’t get an acknowledgement notification letter after we have submitted the BSA Software Audit Declaration Form?
If you do not receive an acknowledgement notification letter within 10 business days of submission, please contact the BSA Audit Inquiry Hotline at 03-7958 3290. The acknowledgement notification letters will be addressed to the person marked as the “Signatory” and sent to main company address listed in the submitted.
26. We will only receive the acknowledgement notification letter 10 business days after the submission date. What happens if some disgruntled current or ex-employees reports me and / or my company gets raided before then?
As part of the submission steps, the BSA advises that you keep a copy of the fully completed signed copy of the Declaration on your premises for just this reason. Additionally, if you have conducted the software audit and ensured that all software is properly licensed, it is very unlikely that there will be reports of such.
27. We want to send the signed Declaration by courier or registered mail to ensure it does not get lost in the transmission but the submission address is a PO Box. The postal service / courier companies may not allow that. What happens then?
For security and privacy purposes, the BSA has chosen to use a PO Box. The BSA suggests that the signed Declaration be sent in a sealed envelope way before the deadline, to avoid any mishaps. If you do not get an acknowledgement notification letter within 7 business days, you can contact the BSA Audit Inquiry Hotline at 03-7958 3290 and re-submit another copy if necessary (from the copy that you kept on your premises for reference).
28. Why is the BSA doing this now? They never asked for a software audit before.
The program aims to address licensing issues among business organisations. The BSA Software Audit Program, is a unique, limited period, non-enforcement program that encourages organisations to conduct a software audit and ensure that all usage of BSA member companies’ software is legal for a list of benefits that include:
- Protection* from Software Raids – 1-year immunity from BSA initiated enforcement raids
- Save Money – You will know what licenses you have and what you don’t need to acquire
- Improve Business Performance – You can now make informed strategic, tactical and operational decisions
- Optimise Deployment – You can identify the company’s software needs, reducing time and hassle for the IT department
- Reduce Support Costs – Backup and recovery systems are easier to maintain when you know what software goes where
- Increase Staff Productivity – By standardising software versions, your users can work together seamlessly
*Subject to Terms & Conditions
29. We don’t have enough time to conduct the software audit and complete the BSA Software Audit Declaration Form – we have too many branches, we received the direct mailer late, we are still in the midst legalising, we are still looking at SAM tools/vendors to help us, we would like to wait for the BSA SAM workshop etc. Can we extend the deadline?
The deadline to submit the audit has been stipulated as 15th April 2009. If your company is unable to submit the BSA Software Audit Declaration by this date, your company is STILL REQUIRED by the Copyright Act 1987 to use legal software.
Software Asset Management
30. What is Software Asset Management?
Software Asset Management or SAM is a set of policies or procedures within an organisation that helps the company to take full advantage of the software audit program. The aim is to ensure the company gets compliant and stays compliant. There are 5 basic steps to SAM that the BSA recommends:
Step 1 – 2: Get Compliant (MANDATORY)
Step 1: Perform a self software audit of all computers: ensure this covers all premises and branches
Step 2: Match installed software with licenses owned and legalise any pirated and/or unlicensed software found: check with the relevant BSA member companies on the correct licensing models and proof of license ownership documentation
Step 3 – 5: Remain Compliant (RECOMMENDED)
Step 3: Set policies and procedures to ensure compliancy all year round: get management endorsement and employee sign off, appoint one “software asset manager” i.e. IT Manager, Finance Manager, Office Manager to centralise purchase, distribution, tracking and storing of software
Step 4: Create and periodically update a software asset database: to know your company’s on-going software needs
Step 5: Ongoing tracking and management: repeat this whole exercise from time to time ideally every 6 months
The BSA will be organising software asset management and licensing clinic workshops in May 2005. If you are interested to attend, you can get more details at www.bsa.org/malaysia.
31. Must we do software asset management (SAM) to do the audit and submit the Declaration?
Software Asset Management or SAM is a set of policies or procedures within an organisation that helps the company to take full advantage of its entire software audit program. The aim is to ensure the company gets compliant and stays compliant. There are 5 basic steps to SAM that the BSA recommends. The first 2 steps are mandatory to complete the audit and submit the Declaration. The next 3 steps are recommended as part of your company’s longer term software asset management process:
Step 1 – 2: Get Compliant (MANDATORY)
Step 1: Perform a self software audit or ask an audit partner to do the software audit of all computers: ensure this covers all premises and branches.
Step 2: Match installed software with licenses owned and legalise any pirated and/or unlicensed software found: check with the relevant BSA member companies on the correct licensing models and proof of license ownership documentation
Step 3 – 5: Remain Compliant (RECOMMENDED)
Step 3: Set policies and procedures to ensure compliancy all year round: get management endorsement and employee sign off, appoint one “software asset manager” i.e. IT Manager, Finance Manager, Office Manager to centralise purchase, distribution, tracking and storing of software
Step 4: Create and periodically update a software asset database: to know your company’s on-going software needs
Step 5: Ongoing tracking and management: repeat this whole exercise from time to time ideally every 6 months
32. Do we need to purchase a specific software asset management (SAM) tool to conduct the audit? Can BSA recommend a tool or a vendor to help in the process?
Companies are not required to purchase a specific SAM tool to submit the audit. You can join the program by simply conducting a software audit (manual spreadsheets) and ensuring all your software is properly licensed (reconcile software license documentation for each recorded software installed and legalise where necessary). There are many SAM tools and vendors available in the market that can assist in this process. Check with your IT vendor or visit www.bsa.org/malaysia for more information. BSA does not endorse and is not responsible or liable for the products, facilities or services provided by the vendors and suppliers mentioned or content on external web sites. You can also call the BSA Audit Inquiry Hotline at 03-7958 3290 for more information on how to fill up the Declaration form.
Alternatively you can ask software audit partners recommended on the BSA website for help. BSA however takes no liability on the tools, facilities or services provided by these vendors.
Software Piracy & Enforcement Action
33. Will the BSA conduct raids during the BSA Software Audit Program?
There will still be raids and enforcement activities DURING the BSA Software Audit Program, as the program does not cover those that are involved in the production and distribution of pirated software. After the 15th April 2009 software legalisation and audit submission deadline, the raids and enforcement activities on end user corporations will start.
34. Will my company be raided if we don’t register for the BSA Software Audit Program?
If you are concerned about possible legal action, we suggest that you conduct a simple software audit either self or through third party, ensure you are software compliant and register for the audit program.
35. What are the penalties for companies and senior management caught using illegal software?
According to the Copyright Act 1987, a fine of not less than RM2,000 and not more than RM20,000 for each infringing copy of a software will be imposed, or imprisonment for a term of up to 5 years or both; and for any subsequent offence, a fine of not less than RM4,000 and not more than RM40,000 for each infringing copy of a software will be imposed or imprisonment for a term of up to 10 years. Business owners and senior management are ultimately held accountable by law for software infringement.
Example: If you are caught with 10 PCs installed with 10 copies of unlicensed Microsoft Windows XP and 10 copies of unlicensed Microsoft Office 2000, you will be fined a minimum of RM40,000 and up to a maximum of RM400,000 for 20 illegal software licenses. You may also be liable for a jail sentence of up to 5 years; or both fine and jail sentence.
36. Can I report software piracy to the BSA Software Audit Enquiry Line: Internet web sites / e-mail spam / IT resellers or retailers selling pirated software or end user organisations using pirated or unlicensed software?
To report software piracy, you can call the BSA Anti-Piracy Hotline for up to *RM20,000 Reward (confidentially maintained) at 1-800-887-800.
*Subject to Terms & Conditions
37. What if the information we provided in the Declaration is inaccurate (whether knowingly or unknowingly)?
The BSA has the sole discretion to decide on whether to accept your company as a participant of this Program. All information received will be reviewed and may be investigated. No notice of or reasons for BSA's decision will be provided. The BSA has the sole discretion to terminate or render the participation of your company in this Program void should your company provide false or misleading information in this BSA Software Audit Declaration Form whether knowingly or otherwise with immediate effect (will be notified in writing). All decisions by the BSA are final.
38. What if some employee installs unlicensed software on my company’s computer AFTER the submission of the Declaration and my company gets reported?
a) Should the BSA receive any information on the alleged use of illegal BSA member companies’ software by your company during the 1-year Immunity Period, the BSA will communicate with your company to request for an internal investigation to be conducted to verify the matter and if need be, to clarify and/or rectify the situation within two (2) weeks from the date of the communication, failing which, BSA will be at liberty to revoke your participation in this Program.
b) During the aforesaid two (2) weeks, BSA reserves the right to conduct random audit visits on your company’ and to verify the information received. In the event that illegal BSA member companies’ software are found to be in use, with or without your knowledge, BSA reserves the right to revoke your participation in this Program.
The BSA always recommends that companies conduct Steps 3 to 5 of the software asset management plan to ensure the above does not happen.
39. Audit Partners- Do I have to get myself only through the recommended Audit Partners or can I have my own software audit partner?
BSA recommends the following Audit Partners as they have the competency across various SAM engagements. However, if an organization wants to do a third party review through any other vendor of their choice, they are free to do the same.
The declaration of the licenses and the software audit results are the responsibility of both the organization and the audit partners. BSA at any point of time has the right to come and check the licenses as long as the validity of the immunity period. BSA reserves the right to cancel the immunity granted should there be inaccuracies in the Self Declaration Form and Software License Schedule OR a breach of the terms & conditions herein by any company.
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