Companies should be aware of what they are posting regarding their services on the Internet. Software publishers and audit associations are reviewing web sites and on-line profiles in an effort to aid in copyright infringement enforcement. In situations where a software publisher has initiated an audit of the company's software licensing, the representations made on web sites and professional networking profiles has at times been cited to refute the argument that the audit target either does not have the software publisher's products installed or that it does not use any of the software products.
The enforcement entity may also view an individual's professional networking profile to determine what types of applications the potential audit target lists. Enforcement attorneys have also looked at job postings that companies have placed on the internet to later make the claim that a certain software product must be being used if the company lists proficiency with a certain product as part of the job responsibilities. If an entity's web presence seems to reveal a need for a certain software product, yet there is no record of that entity having purchased licenses for that product, enforcement entities have used this as the basis to pursue an audit. In addition to copyright infringement claims, the software publisher may look to a business or individual's web content to make the claim of trademark infringement.
Given the potential damages and risk exposure, it is important for companies as well as individuals to review what an enforcement entity may later claim is an admission or representation of use of a product and ensure it has the appropriate licensing.
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