Sunshine Pool Products, L.L.C.

*** ***: Following a review of our records, it does not appear that the individual submitting the complaint has ever had any direct contact with anyone at BSA | The Software AllianceAs we have stated in our response dated September 23, 2016, in which we described our rewards program and the applicable terms & conditions, this program is structured to serve our non-profit mission We ask that this matter be closedSincerely, BSA | The Software Alliance

September 23, 2016 Via Electronic Submission Response to Complaint ID No. [redacted] The Revdex.com Dear [redacted]: I hereby submit this response on behalf of BSA Business Software Alliance, Inc. d/b/a BSA | The Software Alliance (“BSA”) to the August 16, 2016 complaint,...

which I received via electronic mail on September 15, 2016. By way of brief background, in support of its non-profit mission to advance the interests of the software industry, BSA initiates enforcement actions in dozens of countries around the world, helping its members protect their intellectual property and drive innovation by taking legal action against commercial end-user license infringement.  In the United States, among certain other countries, BSA encourages individuals with information about such license infringement to report this information to the BSA on a confidential basis.  One of the ways BSA encourages these reports is by offering financial rewards to such individuals.  BSA’s End User Reward Program is governed by comprehensive Terms and Conditions, which at all times relevant hereto have been available for public viewing on BSA’s website: https://reporting.bsa.org/r/report/usa/rewardsconditions.aspx.  Pursuant to these Terms and Conditions, an individual providing a report of software infringement is only eligible to receive a reward if certain key conditions are met.  These conditions include, but are not limited to: The informant requesting inclusion in the End User Reward Program at the time they make their report and agreeing in writing to the Terms and Conditions. The informant reporting truthfully and accurately and not in violation of any valid contract or other legal obligation. BSA and its members deciding to pursue an investigation on the basis of the report and, as a direct result of the information provided in the report, receiving a monetary settlement from the reported organization. The Terms and Conditions also stipulate, among other things, BSA’s sole discretion to determine whether a report is reliable or accurate, whether and in what manner BSA and its members will pursue a report, and whether a reward will be granted in each particular case and the quantum of such reward. These conditions are necessary for BSA to operate its programs in a manner that is consistent with applicable laws, that takes into account the interests of all involved parties (informants, the reported organizations, and BSA and its members), and that best serves BSA’s non-profit mission to advance the interests of the software industry. With respect to the specific allegations in the Complaint, BSA states that the Terms and Conditions of the End User Reward Program are clearly and at all times accurately communicated to the public. BSA does not “advertis[e] that they are giving people money;” rather, potential informants are clearly advised to read the Terms and Conditions and have the option to select acceptance of the Terms and Conditions in order to be eligible for a potential reward.  The Terms and Conditions do not state that if an informant pursues legal action against BSA that such informant would bear the legal fees; instead, the Terms and Conditions provide that if a claim is made against BSA or its member companies by a third party on the basis of breach of contract or other valid legal obligation by the informant in reporting software infringement to BSA, BSA and/or any of its member companies have indemnification rights.  And finally, contrary to the complainant’s statement, BSA does, in fact, pay rewards in appropriate cases.  Indeed, BSA pays an average of approximately $150,000 per year in monetary rewards to eligible informants in the United States, which is a reflection of BSA’s and its members’ great appreciation for these individuals’ decisions to come forward and report wrongdoing. Thank you for providing BSA the opportunity to respond in this matter, which BSA now considers to be closed. Please do not hesitate to contact me with any additional questions. Sincerely, Adam *. C[redacted] Deputy General Counsel BSA | The Software Alliance

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because:you indicated that the terms and conditions are clearly spoken about, but this is completely inaccurate. Your terms and conditions say that you NEVER have to pay for information, even if the information is accurate and truthful. all we see is your spam ads on [redacted], and I see NO WHERE on there speaking about  these terms, only flashy "DO YOU WANT FREE MONEY?" ads.
Regards,
[redacted]