Software Audit Defense
Protect your organization from costly software audits. Our specialized defense strategies reduce compliance costs.
Software audits by publishers like Microsoft, Oracle, and IBM can cost millions in fees, penalties, and legal costs, so you need legal help with tech and licensing knowledge. Byte Counsel defends against audits, minimizes risks, and protects your business with strategic guidance.
Top 10 Software Publishers That Conduct Audits
We have extensive experience defending against audits. Here are the most frequent auditors and what they typically focus on:
Microsoft
Audit Focus: Enterprise Agreement compliance, Office 365 user assignments, Azure consumption, Windows Server and SQL Server licensing, virtualization rights, and cloud migration scenarios. Microsoft conducts thousands of audits annually with sophisticated tracking tools.
Oracle
Audit Focus: Database and Java licensing audits are notoriously complex. Oracle examines processor definitions, virtualization environments, database options and features, middleware deployments, and indirect usage. These audits often result in multi-million dollar claims.
IBM
Audit Focus: Processor Value Unit (PVU) calculations, sub-capacity licensing, WebSphere and middleware deployments, mainframe software, and virtualization compliance. IBM's complex licensing models make audits particularly challenging.
SAP
Audit Focus: Indirect access rights (the most controversial issue in SAP licensing), user types and classifications, digital access, third-party systems, custom code, and named vs. concurrent users. SAP audits can uncover substantial compliance gaps.
Adobe
Audit Focus: Creative Cloud subscription compliance, enterprise licensing deployments, user assignments, perpetual license conversions, and serial number usage. Adobe's shift to subscription models has increased audit frequency.
Autodesk
Audit Focus: Subscription licensing compliance, network license usage, AutoCAD and specialized product deployments, multi-user access, and legacy perpetual license usage. Autodesk aggressively pursues subscription conversion compliance.
VMware (Broadcom)
Audit Focus: Virtualization and datacenter licensing, processor counts, vSphere deployments, cloud infrastructure, NSX and vSAN usage. With Broadcom's acquisition, licensing changes have made compliance more complex.
Salesforce
Audit Focus: User-based licensing verification, license type appropriateness (full vs. limited access), API usage and integrations, data storage limits, and inactive user cleanup. Salesforce tracks usage meticulously through its platform.
Symantec (Broadcom)
Audit Focus: Endpoint protection license counts, enterprise security deployments, data loss prevention tools, backup and recovery solutions, and user/device counts. Security software audits examine both deployment and entitlement.
CA Technologies (Broadcom)
Audit Focus: Mainframe software licensing, enterprise management tools, DevOps solutions, MIPS calculations, and legacy product usage. CA's diverse portfolio creates complex compliance scenarios, especially post-Broadcom acquisition.
Our Audit Defense Strategy
Initial Assessment
We immediately review the audit notice, assess your current license position, and identify potential exposure areas.
Scope Negotiation
We negotiate audit scope limitations, timeline extensions, and methodology to protect your interests and reduce burden.
Evidence Review
We carefully analyze deployment data, challenge improper audit methodologies, and identify legitimate license positions.
Settlement Negotiation
We negotiate favorable settlement terms, true-up costs, and ongoing compliance requirements to minimize your financial exposure.
Common Audit Scenarios
Post-Merger Audits
Software publishers frequently audit after mergers, acquisitions, or corporate restructuring. License transfers and consolidations create compliance risks that auditors aggressively pursue.
Cloud Migration Audits
Moving to cloud infrastructure (Azure, AWS, etc.) changes licensing requirements. Publishers audit to ensure proper cloud licensing and prevent "license leakage" during transitions.
Virtualization Compliance
Virtual environments create licensing complexity. Auditors examine VM sprawl, processor allocations, high-availability configurations, and disaster recovery environments.
Enterprise Agreement Renewals
Publishers often conduct "soft audits" or true-ups before EA renewals to maximize contract value. These reviews can significantly impact renewal negotiations and costs.
Why Choose Byte Counsel for Audit Defense
Cost Reduction
We work to reduce your audit costs
Technical + Legal
We understand complex licensing models, virtualization, cloud computing, and the legal framework governing software audits.
Extensive Experience
We've defended hundreds of software audits across all major publishers and understand their tactics and methodologies.
Proactive Compliance
Beyond defense, we help you implement Software Asset Management practices to prevent future audit exposure.
Facing a Software Audit?
Don't navigate the audit alone. Get legal counsel that reduces costs and protects your business. Schedule a free inital consultation today.