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
Over on the oft-entertaining Deelip.com, there was an interesting comment made by Autodesk’s Scott Sheppard. After going back and forth a few times over Autodesk’s then-failure to allow Indian customers legal access to certain free Autodesk software downloads, Scott said this:
I defer to Autodesk Legal on these matters which is where I get my guidance. This is not a topic to be debated publicly. As one of our most active Labs participants, I was just sharing some information with you and your readers.
On the face of it, Scott’s “not a topic to be debated publicly” comment seems pretty silly. Ralph Grabowski certainly saw it that way. In these blog-happy days, a lot of things that Autodesk may not like to see discussed are going to be discussed publicly. Autodesk needs to get used to that fact. Attempting to suppress public discussion of Autodesk policies is not just … Full post
One of the blogs I read regularly is Photoshop Disasters, which recently posted a picture of a Ralph Lauren ad. In common with many fashion photos, this showed a skinny model that appeared to have been further skinnified on somebody’s computer to the point that the poor waif was ridiculously deformed. Like this:
Nothing out of the ordinary there, then. Under normal circumstances it would have received a few dozen comments and scrolled off the front page in a week or so, because there is no shortage of bad image manipulation out there for the blog to snigger at. The image was reposted at Boing Boing, but it would still have been forgotten in a week.
Except this time, Ralph Lauren prodded its lawyers into action and demanded the image be removed from both sites, issuing a Full post
Don’t get too excited, because I’m sure Autodesk will appeal, but as reported at Owen Wengerd’s CAD/Court, Vernor has won the right to resell his used copies of AutoCAD. While this is seen by some as a victory for customers, it isn’t. This doesn’t open up a brave new world in which we are allowed to sell the software we buy once we’re finished with it. If it had, I would be rejoicing as loud as anybody, because Autodesk’s ban on software transfers is an unconscionable restriction and deserves to die. But that’s not what this decision means. There are specific and paradoxical circumstances here, which allowed Vernor to win this case despite being morally wrong in my view, but will not benefit legitimate software users.
Vernor won (for now, and in one jurisdiction) because the court found he was not a party to the EULA. … Full post
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
Well, there’s a statement I wasn’t expecting to make. Let me preface these comments with a disclaimer. I have no legal qualifications whatsoever. I make no claims of knowing who is legally right in this David v. Goliath legal battle; that’s for the courts to decide. When I make the statement that I think Autodesk is right, I don’t mean legally right, I mean morally right.
I have been following this fight with interest, but only in a half-baked way, third-hand via commentators (like myself, now). Based on my skimming of that commentary, my natural inclination to support the underdog, and my general dislike of of Autodesk’s previous and current legal adventures, I had been of the firm but privately held opinion that Vernor was right and Autodesk was wrong.
Today, after noting that new filings had been made, I had a proper look at some (not all) of … Full post
It seems that not only EULAs but also web sites must have onerous, unconscionable, ridiculously restrictive and utterly unenforceable sets of rules these days. I don’t want to miss out on the fun, so I have added mine to this site. There’s a link at the top of the page that points here:
The IMSI free CAD product that it is putting up against AutoCAD LT has a very interesting name: A/CAD LT*. Does A/CAD sound familiar to anyone? I vaguely seem to remember some other CAD product with a very similar name. Hmm, let me think, it has a main program file called acad.exe and many other support files called acad.something, it has had its name abbreviated to ACAD by its users for decades… No, sorry, the name somehow eludes me.
I’m not a trademark lawyer (or any other sort), but here’s what I can tell from a quick glance at the USPTO site. It appears that Autodesk had ACAD registered as a trademark in 1986 with a first use in 1983, and that the registration was abandoned in 1987. It was registered again in 1988 and abandoned again in 1992. That may be an unfortunate lapse. I wonder what else … Full post
No, I don’t mean the sort of crash where AutoCAD stops working. The current financial crisis, I mean. I must preface these comments with a disclaimer. I have no qualifications in finance and make no claim of financial expertise. These are purely a layman’s thoughts. Don’t buy or sell stock based on what I have to say here. Toss a coin instead.
So, what on earth am I thinking? I’m thinking that although Autodesk (along with most other companies) will undoubtedly suffer greatly from the coming economic conditions, it’s not all dark cloud. Here are some potential silver linings.
Autodesk is cashed up. If its competitors aren’t all carrying enough fat to survive the lean times, Autodesk could come out of the post-crash period with greater market share than before. Of course, this is contingent on Autodesk having products, customer service and a customer-friendly outlook that are attractive enough to … Full post