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stories filed under: "compliance"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
compliance, repeal, sarbanes-oxley



Pushing For A Repeal Of Sarbanes-Oxley

from the about-frickin-time dept

It's been over six years since we began banging the drum around here to get Congress to repeal Sarbanes-Oxley, the law that was hastily written post-Enron to try to prevent such collapses again, but instead simply added a huge compliance tax, without doing much of anything to actually prevent corporate fraud. Corporate fraud is still rampant, and the law did absolutely nothing to prevent the financial collapse we see ourselves in today. There were, instead, massive unintended consequences, leading companies to go public elsewhere, go private or avoid the public markets altogether. The lack of IPOs, especially in the tech space over the past few years, even as the economy was looking strong, is incredibly telling.

So, it's good to see a renewed effort to get Congress to repeal Sarbanes-Oxley, which simply created a massive tax in terms of compliance, with awful unintended (though, totally predictable) consequences -- all while doing almost nothing to cut down on actual fraud.

I am a strong believer in the idea that fraud should be punished heavily -- but Sarbanes-Oxley didn't do that. It just moved the loopholes and punished the honest companies by dumping a huge compliance tax on them. It's been bad for the economy, bad for startups and bad for innovation, and it's time to go.

44 Comments | Leave a Comment..

 
Studies

Studies

by Mike Masnick


Filed Under:
compliance, licensing, software



One-Sided Surveys Concerning Software Licensing

from the something-appears-to-be-missing-here... dept

Someone who prefers to remain anonymous, submitted to us an unintentionally amusing editorial concerning the issue of unlicensed software. The editorial is written by someone at a consulting firm, trying to drive more business in helping software companies force their customers into complying with license terms -- so it's in the writer's best interest to make it sound like going after unauthorized users is good business. You'll notice as you read through the report that all of the data seems to only come from one side: the software companies themselves. It should come as no surprise that those software companies complain about significant "losses" due to unauthorized use -- as it's rare for most software firms to admit that they often benefit from the network effects of unauthorized use. It's even rarer for most software firms to admit that some unauthorized use comes from those who would never pay for the software in the first place.

From there, the report gets even worse, claiming that software license compliance efforts (basically, showing up at your customers and making sure they're not using more than they paid for) "cause few, if any, negative ramifications" and generally say the "impact of software license compliance activity was neutral, positive, or very positive." Once again, this is incredibly one-sided. It only talks to the software firms themselves -- who are either unlikely to admit or simply unaware of how their customers feel about such compliance efforts. If the consulting firm were really interested in understanding the impact of these compliance efforts (rather than just selling more compliance services), it would have also investigated how those on the receiving end felt about such efforts -- and the longer term impacts of treating your customers as if they were thieves. But, that might not tell such a rosy story, and might not be good for business.

12 Comments | Leave a Comment..

 
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