You can still buy Autodesk perpetual licenses in Europe

Yes, you really can still buy Autodesk perpetual licenses in the European Union. You just can’t buy them from Autodesk.

Where can you buy those licenses? From other customers who don’t need them any more. Unlike some jurisdictions, the EU respects the doctrine of first sale for computer software. This means sale of pre-owned software is allowed, and any EULA restrictions attempting to prevent that are invalid. This was established in 2012 by the EU’s highest court, The Court of Justice for the European Union (CJEU) in the case of UsedSoft v Oracle.

Autodesk and all other software vendors in EU countries have to respect that, so the perpetual license remains valid after transfer to the new owner. The previous owner must be able to document the validity of the license and must delete or disable their copy of the software upon transfer.

While I have no personal experience of … Full post

Vernor v. Autodesk – right decision, wrong reason

As I have stated before, I believe Autodesk to be in the right (morally, not legally) in its battle to prevent Vernor’s resale of old, upgraded copies of Release 14. In the latest installment, Autodesk has won its appeal to the 9th Circuit Court of Appeals. There will be be further legal moves yet, but Vernor’s chances of winning this case are now more slender. So the right side has won (at this stage). I should be happy, right?

Wrong. Although I think the latest court to look at this has picked the right side, it has done so for entirely the wrong reasons. (Again, morally wrong, not legally. I have no qualifications on legal matters, but I can spot an injustice a mile off). In a diabolical, dangerous, far-reaching decision, it has concluded that the doctrine of First Sale does not exist at all for products … Full post

How will you react to Autodesk’s new upgrade pricing?

As I reported early last year, Autodesk is going to discourage you from paying for upgrades as and when you see fit. It is doing this by charging you 50% of the cost of a full license to upgrade from the previous release. The same 50% cost will apply if you crossgrade [edit: crossgrade from an non-current release, that is] (say if you move from AutoCAD to a vertical). If your product is more than three releases old, you can’t upgrade. This change takes effect from 16 March 2010. There were some discounted upgrade offers to get you signed over early, but these have now expired. If you are thinking of upgrading or crossgrading, I suggest you contact your reseller, get out your calculator and consider doing it in the next few weeks.

There is some laughable doublespeak in the Autodesk marketing of this change, such as “streamlining … Full post

Should you read software license agreements?

Evan Yares has raised an interesting point about the insolvency clause in Autodesk’s End User License Agreement. Please read the whole thing, but the gist is that there’s a clause where if you get into financial difficulties, Autodesk will do its bit to help you out in times of trouble by taking away your software licenses.

This clause extends as far as making an arrangement with your creditors, which is a common enough phrase but can mean several things and isn’t defined within the agreement. So, if your cash flow is a bit tight and you have to ask your phone company for another month to pay your bill, you’ll be sure to stop using all your Autodesk software, won’t you? Never use it again, because otherwise you’ll be a thief.

OK, maybe that’s a bit extreme, but I’m sure it could be interpreted that way by an aggressive … Full post

More on ODA, Autodesk and click-through agreements

Evan Yares has provided more information on the incident I mentioned in my last post. Here it is:

It was years ago. My guess was that the person who did it was just trying to spider the website pages, for marketing research, and didn’t realize he got all the libraries too.

In any event, I said hey you did this, they said no we didn’t, I produced download logs, they said there was no agreement and even if there was we hereby cancel it, I said if you want to see our libraries I’ll send ’em to you no strings, they said no thanks, then I just let it drop. Of course, I’m paraphrasing.

I wasn’t going to get in a fight with Autodesk. Trying to trick them into joining the ODA would have been both futile and dumb. I’d been trying for years to get them … Full post

Evan Yares, ODA, Autodesk and click-through agreements

I’ve always found it entertaining when the lawyers of CAD companies do their best to make their clients look like total jerks. The opening shots as presented by Evan Yares in his proposed ODA class-action lawsuit indicate that there is another rich source of recreational reading on its way. I’m sure it’s no fun for the lawyer-paying people involved, though.

You would think that Autodesk would be rubbing its corporate hands together at the prospect of the ODA being distracted like this. Or maybe not, if the bunfight throws up more little gems like this:

Autodesk had at least once gone to the ODA website, agreed to the click-through membership agreement, received their access password via email, downloaded each and every library on the ODA’s website, then denied they did it. (The ensuing conversation about this, between the ODA and Autodesk, was pretty interesting, to say the least.)

If … Full post