Voted Best Answer
Aug 08, 2016 - 09:06 AM
I entered the SAM world from the software licensing one late last year. I devoured the complaint's details because cases like this are so often settled before they reach public eye that the documents here provide some unusual illumination.
Here's a summation of some key history asserted by the publisher in the 7/15/16 complaint:
* In 2011/2012, 38 copies of the subject software were licensed (§8) while negotiation for anticipated future deployment of 558,466 copies was underway (§22)
* In October 2013, the software publisher received a forwarded mail showing the software was already installed on 104,922 computers (§22)
* In 2014, the "'Flexwrap' software intended to track the Navy's use and duplication of BS Contact Geo on Navy computers was disabled" (§24). Per the complaint, this was "a violation of [contract] terms" (§25) since the tool was to help the publisher "know the scope of the deployment and use" or "limit that use" (§24)
* The publisher "tried repeatedly ... to resolve this matter" without success (§27), leading to the complaint.
Given my background and these circumstances, I'd want to:
* Thoroughly examine all available contract documentation, both to understand it for what it is and to determine whether there are gaps between actual and asserted-in-complaint license
* Review all available correspondence related to the ongoing negotation for use of more than 38 licenses
* Work to understand current product consumption as well as a timeline of any significant changes historically, as well as whether all originally anticipated 558,466 copies will truly be needed. As yet, the publisher only appears able to confirm--via the §22 forwarded email--installation of about one-quarter of the licenses for which the publisher seeks payment. This means a potential gap of up to 453,544 licenses not actually needed, which could dramatically decrease the amount finally owed and paid
* Work to assess any process gaps that might lead to additional installations before additional licenses (as applicable) are procured
All the while, I'd thank goodness for being in a role where negotiating outcomes with publishers is no longer my responsibility!