Judge Strikes Down Autodesk and Sides with Ebay Seller
Source: Tom's Guide | Keywords: dmca, autodesk, software | Themes: Software
Earlier this week the US District Court in Seattle upheld an eBay user’s right to sell used software(Warning PDF).
An on going feud between an eBay seller and Autodesk was put to rest this week. Timothy Vernon has been listing auctions for the resale of AutoCAD. However AutoCAD maker, Autodesk, has been arguing that Vernon has been violating the software’s license agreements. Autodesk claims the company licenses the software, rather than selling it. Federal judge Richard A. Jones rejected Autodesk’s argument and cites the First Sale Doctrine that gives rights to those who sell used copies of copyrighted works.
“I really couldn’t believe it. There was always the chance that they misunderstood and thought it was a pirated copy. I basically told them that I didn’t believe it was a violation and would continue to sell the item, and then they threatened further action,” said Vernon in response to the judge’s decision. “I’m thrilled, though this didn’t really come as a surprise. I just really had a lot of faith in our position.”
Timothy Vernon, an eBay powerseller, has been in an on going soap opera with Autodesk, makers of AutoCAD. Vernon first drew attention a few years ago when he put up first copy of AutoCAD for resale on eBay. Instantly Autodesk sent out letters to stop the auction, citing the auction violates the company’s copyright under the terms of the Digital Millennium Copyright Act. Vernon sent out a counter-notice to Autodesk. When the company failed to respond Vernon was allowed to reinstate the auction.
Fast forward a couple years, Vernon listed several other copies of AutoCAD and Autodesk was not too far behind with DMCA notices. This forced eBay to suspend his account for a month. Vernon claims the suspension cut off his livelihood and sued Autodesk in November of last year. “I filed it (the suit) out of frustration,” said Vernon. “There was a lot of uncertainty.” The suit accused Autodesk of suppressing “competition from the online sale of used copies of its products,” in other words unfair competition.
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Just a thought, but could this be trouble for MS and activated software
Considering the prices Autodesk has charged over recent years, all I can say, is bring on the competition.
This man should be an inspiration to us all. Autodesk can charge what they want but it's nice to know that they don't hold all the cards. As
consumers the worst thing we can do is be uninformed.
This isn't trouble for Microsoft because they have always said that you can sell your activation key and the disc you buy.... you just are not allowed to transfer it to another person WITHOUT uninstalling your copy of it first, at least for retail copies.
This might give Microsoft trouble for OEM copies..... when you buy them, Microsoft tries to say that you cannot RESELL that at a later point in time. That might fall foul of this ruling.
This isn't trouble for Microsoft because they have always said that you can sell your activation key and the disc you buy.... you just are not allowed to transfer it to another person WITHOUT uninstalling your copy of it first, at least for retail copies.
This might give Microsoft trouble for OEM copies..... when you buy them, Microsoft tries to say that you cannot RESELL that at a later point in time. That might fall foul of this ruling.
Autodesk is a monopoly
I glad that their EULA is a legal joke, companies trying to walk all over their customers through predatory practices is just sick. I always knew Autodesk software was worthless, now they just verified it.
All these monopoly type software corporations want you to eventually subscribe annually then monthy to simply use the software you bought and paid for, as means for them to garner guaranteed income, they probably start by shipping with bugs that only get fixed through a maintenance plan.
This could be trouble for most professional software providers. Practically all professional software is based on licensing(where you can use the product for x amount of time), and possibly anti-virus providers.
This could even be extended to license and account based games like WoW and EQ where companies make you buy a copy in retail to get an account or upgrade a trial. They could(conceivably) be forced to honor third party sales of accounts, though maybe not to keep those high level characters and their phat loot as that is data stored on private servers.
Of course, ultimately the person who loses out will be the sucker who buys used software from this guy because there is no way Autodesk will recognise it as a legitimate license, so he/she will have no hope of getting an upgrade from them. So the seller really needs to make sure buyers understand that the license is not transferable and that its a dead-end for the second-hand buyer.
In fact, if its a product that requires activation, like 3DS Studio or Maya, it's likely the buyer will not be able to use it at all once the trial period expires.
In fact, if its a product that requires activation, like 3DS Studio or Maya, it's likely the buyer will not be able to use it at all once the trial period expires.
well if thats the case, it only goes to show how Autodesk is being a ruthless scoundrel!
as long as they (the seller) can confirm its not a pirated copy, what could be so wrong with selling it... i mean, they have active security which prevents multiple copies from running under the same activation. right? or is this purely about killing the competition...