General

[spanky1205]

eBay Seller Sues Autodesk for $10 Million

Since many of us use Autodesk products in one form or another around here and just about everyone has bought something off of Ebay I thought this may be of intrest.

[desertT1]

Very interesting.

One comment I would argue about the content (but not the point he was making) is that if you have a company you are working with on a job you can save to an older format so that they can open and view/work with it.

I do believe however that once a new version is purchased by a company/individual that it makes sense for them to pass on the older versions. I don't know the legalities of it, but it wouldn't make much sense to me if you could only buy a new car from the dealer and used cars were eliminated once they were un-needed by their original owners.

[Critical]

Two Comments:
1. Look at all the debate surrounding software documentation concerning the fact that customers can not read the EULA before they open the packaging - which commits them to the terms before they can read them, there have been several cases that have leaned away from the software manufacturer.

2. I believe it's called right-of-first sale, or something like it. Basically, it says that once someone buys it, it's theirs to do with as they please.

If the defendant can prove that software is purchased, not licensed, then the second part is almost easy.

[Cunha]

Copyright stuff is a little out of hand. Interesting.

[John Satclaire]

Originally Posted by Critical

Two Comments:
1. Look at all the debate surrounding software documentation concerning the fact that customers can not read the EULA before they open the packaging - which commits them to the terms before they can read them, there have been several cases that have leaned away from the software manufacturer.

There was also one involving Gateway computers that leaned in favor of the manufacturer, though there was a return policy in effect there. Essentially, the contract was not formed at the point of sale (when the customer paid), nor when the manufacturer shipped the goods, nor when the customer opened the box.

Only after the customer opened the box and kept the materials inside past the "ship it back for a refund" period, was the company's offer accepted and the contract formed, consisting of the terms found inside the box.

Not that hard for this company to switch to that, which would allow them to retain the licensing system, as who is really going to return the stuff or even read half of what's in the box?

[shadow_772]

Originally Posted by Cunha

Copyright stuff is a little out of hand. Interesting.

I agree here. But who knows, maybe it is necessary...

[Mar]

Originally Posted by John Satclaire

There was also one involving Gateway computers that leaned in favor of the manufacturer, though there was a return policy in effect there. Essentially, the contract was not formed at the point of sale (when the customer paid), nor when the manufacturer shipped the goods, nor when the customer opened the box.

Only after the customer opened the box and kept the materials inside past the "ship it back for a refund" period, was the company's offer accepted and the contract formed, consisting of the terms found inside the box.

Not that hard for this company to switch to that, which would allow them to retain the licensing system, as who is really going to return the stuff or even read half of what's in the box?

wow... they must have put forward some good arguments. My 'contracts' is rusty, but whatever happened to the spirit of 'caveat emptor'? I guess perhaps internet purchases are entitled for some bizarre reason to a 'cooling off' period, despite lacking the pressure of a door-to-door sales or telemarketer or whatnot.


edit* p.s. all this legaleze going on lately has me surfing LSAT prep books... sigh.... I'm going to need medication (*** grabs beer)