If you have been audited by Adobe, you need experienced counsel to protect your business. Scott & Scott, LLP has a dedicated practice group focusing on defending companies accused of software license violations by Adobe. Our lawyers have counseled many businesses in your situation. Our lawyers and technology professionals have the technical and legal skills necessary to vigorously fight for your interests against an Adobe audit.
A typical target of an Adobe audit will receive a letter from Adobe demanding the business’ cooperation in disclosing the number Adobe installations on its network and the number of Adobe licenses it owns, including serial numbers. An outside accounting firm is frequently engaged to perform a third-party compliance review. The letter may go on to describe the audit process and request a phone conference to “kick-off” the audit.
Targets who receive letters in an Adobe audit should treat the matter very seriously. It is important to know your legal rights and protect your legal position before responding to a request for an Adobe audit. Additionally, companies who prepare their own responses to Adobe without the benefit of counsel and before conducting a thorough investigation may receive an unexpectedly high settlement offer from Adobe. We advise our Adobe audit clients to ensure that internally prepared license reconciliations are protected by the attorney-client and work-product privileges if possible.
In many cases, Adobe demands a settlement payment calculated at the customer’s historical discounted price for the products found to be unlicensed plus back maintenance for up to two years. When responding to Adobe audit requests, you should work with experienced counsel to thoroughly investigate the software usage on your computers, protect yourself by requesting an agreement from Adobe regarding the use of the materials that will be produced in the audit, and negotiate a resolution geared toward ensuring future compliance. Our lawyers and technology professionals can guide you through every step of the Adobe audit process.
Adobe Audit Blogs
Adobe Audit FAQ's
A: Adobe either uses third parties, like the BSA or SIIA, to conduct audits or it elects to conduct an audit directly.
A: Typically, the standard Adobe software license contains an audit provision allowing Adobe to request that a customer provide records demonstrating its compliance.
A: Adobe provided the BSA and the SIIA with powers of attorney to investigate claims of license infringement.
A: Adobe reviews environments to determine whether all the upgraded licenses have appropriate qualifying underlying licenses, whether any of the serial numbers are suspected to be illegitimate, and whether any of the file paths demonstrate a suspected pirated version of the software.