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CAD Central
1 Jul, 2008 By: Kenneth WongCourt Rules AutoCAD Resale Lawful; The Other Scanner; SolidWorks Education Edition Teaches New Lessons; MSC.Software Plugs into PTC; The Twilight of LDT
Court Rules AutoCAD Resale Lawful
If you're wondering if you can legally resell those old copies of AutoCAD collecting dust on your shelf, you'll be glad to know the Honorable Richard Jones of the U.S. District Court in Seattle believes you're within your rights to do so.
In Timothy S. Vernor vs. Autodesk (for background, read "Licensed to Resell?" [Cadalyst, "CAD Central," November 2007]), eBay seller Vernor contended that he could resell the AutoCAD R14 copies he'd bought from someone else because the first-sale doctrine "permits a person who owns a lawfully made copy of a copyrighted work to sell or otherwise dispose of the copy."
Autodesk argued Vernor couldn't hide behind this doctrine because "the transfer of AutoCAD packages to CTA [the original buyer] was not a sale." In doing so, Autodesk took the position that most software vendors have adopted — that when the clients pay for a software package, they're merely acquiring the right to use the code but not to own it, as you would a Superman comic book.
Judge Jones acknowledged, "No bright-line rule distinguishes mere licenses from sales. Several principles govern." He dug deep into the legal archives to compose his 21-page ruling. Citing a series of precedents, he reasoned, "[Vernor] seeks to sell a package of physical objects, which contain copies of copyrighted material. The essential features of such sales vary little whether selling movie prints via mail . . . or software packages via eBay."
Autodesk's software license specifies the software is nontransferable, suggesting the initial licensee has no right to pass on the usage right to someone else. But in this case, that clause didn't help Autodesk.
Judge Jones noted, "Not only has Autodesk failed to surmount the thorny issues of privity and mutual assent inherent in its contention that its license binds Mr. Vernor and his customers, it has ignored the terms of the license itself. The Autodesk license is expressly 'nontransferable.' License: grant of license. Autodesk does not explain how a nontransferable license can bind subsequent transferees." (For the complete ruling, go to www.adskvoda.com [registration required].)
The court made several important pronouncements, including the following:
- 1. Vernor is entitled to the protection of the first-sale doctrine.
- 2. Vernor's resale of AutoCAD packages is not contributory copyright infringement.
- 3. Autodesk has not established that its license binds Vernor or his customers.
Electronic Frontier Foundation's staff attorney Corynne McSherry calls the ruling "a major victory for consumers' rights." She observed, "Autodesk may have called the transfer a license, but it didn't look much like one. For example, the license didn't require consumers to return the software when they were done with it, nor to make ongoing payments for continued use."
Autodesk's press office says the company disagrees with the court's decision and plans to appeal.
The Other Scanner
The Other Solutions, which positions itself as an alternative to the big names in the scanner market, has just released another piece of hardware — a GTCO Calcomp Scan Plus 7 S (Superior) Series.
 The Other Solutions released the new GTCO Calcomp Scan Plus 7 series. |
According to the company, the S Series is "ideal for customers who primarily scan technical documents and maps" — in other words, those who work with architecture/engineering/construction (AEC) and geospatial information system (GIS) applications.
Priced beginning at $9,250 for monochrome and at $9,950 for color models, the new 1200-dpi wide-format scanner runs on contact image sensor (CIS) technology and Nextimage scanning software.
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