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	<title>Comments on: Vernor wins (for now), customers don&#8217;t</title>
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		<title>By: R. Paul Waddington</title>
		<link>http://www.blog.cadnauseam.com/2009/10/06/vernor-wins-for-now-customers-dont/#comment-4017</link>
		<dc:creator>R. Paul Waddington</dc:creator>
		<pubDate>Tue, 06 Oct 2009 22:35:43 +0000</pubDate>
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		<description>Steve, Vernon&#039;s &#039;victory&#039; is not a victory for &#039;customers&#039; but it was very important as it contained Autodesk&#039;s area of influence to exactly where it belonged.

I have said publicly - when Vernon settled earlier - that the settlement was good for him, bad for users, because by settling Autodesk avoided having the court make a ruling on the enforceability of the EULA.

Evan Yares makes the suggestion, a challenge - by Autodesk - might be a good idea so as to get this ruling; I would not disagree but I do believe users can bring about the changes that need to be made simply by standing up for themselves and doing exactly what I have done -  http://miletter.blogspot.com  -.No legal suits will follow; users and Autodesk (and other software developers) would all benefit and clarity, as to the enforceability of the EULA, would follow.

Users have the power and ability to bring about the changes necessary to the acceptance and enforceability of the EULA and it is just (users) laziness and apathy that prevent it from happening.  It is, also stupidity: to wait for a suit that &#039;may&#039; resolve the issue, is stupid; a decision coming from this quarter will not be influenced, to any degree, by users, and therefore their interests are unlikely to be fully considered.

Autodesk saw the writing on the wall in relation to a decision on the EULA and backed off: that was the win for customers.  But it will only have any value if customers now stand up for themselves and take advantage of it, collectively, bringing pressure to bear, to force EULA to be changed in a manner that benefits both the developer and user!</description>
		<content:encoded><![CDATA[<p>Steve, Vernon&#8217;s &#8216;victory&#8217; is not a victory for &#8216;customers&#8217; but it was very important as it contained Autodesk&#8217;s area of influence to exactly where it belonged.</p>
<p>I have said publicly &#8211; when Vernon settled earlier &#8211; that the settlement was good for him, bad for users, because by settling Autodesk avoided having the court make a ruling on the enforceability of the EULA.</p>
<p>Evan Yares makes the suggestion, a challenge &#8211; by Autodesk &#8211; might be a good idea so as to get this ruling; I would not disagree but I do believe users can bring about the changes that need to be made simply by standing up for themselves and doing exactly what I have done &#8211;  <a href="http://miletter.blogspot.com" rel="nofollow">http://miletter.blogspot.com</a>  -.No legal suits will follow; users and Autodesk (and other software developers) would all benefit and clarity, as to the enforceability of the EULA, would follow.</p>
<p>Users have the power and ability to bring about the changes necessary to the acceptance and enforceability of the EULA and it is just (users) laziness and apathy that prevent it from happening.  It is, also stupidity: to wait for a suit that &#8216;may&#8217; resolve the issue, is stupid; a decision coming from this quarter will not be influenced, to any degree, by users, and therefore their interests are unlikely to be fully considered.</p>
<p>Autodesk saw the writing on the wall in relation to a decision on the EULA and backed off: that was the win for customers.  But it will only have any value if customers now stand up for themselves and take advantage of it, collectively, bringing pressure to bear, to force EULA to be changed in a manner that benefits both the developer and user!</p>
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