Tag: <span>EULA</span>

Autodesk founder outraged by Amazon snatch of cloudy purchases

Autodesk co-founder John Walker (it’s not his fault, he relinquished control of the company many years ago) recently posted this on Twitter: In a move reminiscent of the infamous removal of Orwell’s 1984 from Kindle devices (which Amazon promised a court it would never repeat), John’s Audible.com (owned by Amazon) audio books, purchased in 2009-2010, simply went away. John’s reaction was to post a video of harmless inanimate objects being blown away by a powerful firearm, so I think it’s safe to say he was not overly pleased about this turn of events. Can’t say I blame him. This is …

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 …

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 …

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 …

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 …

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, …

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 …