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AutoCad being sued

Posted: Fri Sep 14, 2007 7:48 am
by Rocketdork
Story here.

This brings up interesting thoughts. Do you "own" the software you buy? Or do you just have the right to use it.

If you don't own the software, then how widespread can this get...Will the RIAA stop selling music, and only sell the rights to listen? They and others have been trying for years to find a way to keep people from selling used items and force them to buy new.

What have we come to that we have to control people so much that they are forced into purchasing new things every time they upgrade a computer. Or that the barter system, or used market would become illegal.

Autodesk is on Shaky ground here, You agree to their license agreement by opening the box, but you can't read the agreement without opening it....there is a LONG precedent that this isn't legal.

Posted: Fri Sep 14, 2007 11:28 am
by bio
Most of the TOS and User Agreements I've read (especially products produced by Microsoft) state that you do not actually own the software you just paid for... you own a license that grants you the right to use that software (with can be revoked at any time for any reason, according to the agreement).

A perfect example is Microsoft's Windows XP (I'm sure Vista has the same rules). When you install the retail version, it marries itself with the serial number you enter, and the hardware in your machine. If you try to install it on a different machine, or a machine that you've just upgraded (heavily), you need to purchase a new license.

Of course, they'll back down on the upgrade part if you argue with them. I had that issue at one point (they say it's a new computer, I say it's the same one, or at least, the old one no longer exists and I want to transfer the license to the new hardware).

Posted: Sat Sep 15, 2007 8:35 pm
by CrazyAlabamianLlama
Wow, thats interesting! i never read the end agrements or anything just kind say ok or throw them to the side....i have used autocad and other products from autodesk for a while and this kinda of shocks me...all great companies have their downfall...

Posted: Wed Sep 19, 2007 7:48 am
by Jittery Jim
bio wrote:Most of the TOS and User Agreements I've read (especially products produced by Microsoft) state that you do not actually own the software you just paid for... you own a license that grants you the right to use that software (with can be revoked at any time for any reason, according to the agreement).
Having been in the software licensing biz for over 10 years I can confirm that this is 100% correct. You don't own the software; the phrase above, "right to use" is exactly right. The company is providing you a license that allows you to use the software. That's the case for nearly every major publisher (MS, Adobe, IBM, Symantec, Veritas, McAfee, etc., etc.). Most people don't realize this fact.

Posted: Wed Sep 19, 2007 9:00 pm
by bugfreezer
Taking all that in...I wonder if the manufacturers might start revoking said licenses en masse via the activation method if they want to force you to upgrade or they just decide to kill the product altogether?

Posted: Thu Sep 20, 2007 1:18 pm
by bio
bugfreezer wrote:Taking all that in...I wonder if the manufacturers might start revoking said licenses en masse via the activation method if they want to force you to upgrade or they just decide to kill the product altogether?
That's possible, but normally, they just end of life the product and stop making updates for it.

That's when it's upgrade or die time.

Posted: Thu Sep 20, 2007 1:45 pm
by miftah
I wonder if MS is going to be able to pull that with Vista. Given that people are clutching to XP with a deathgrip, one has to wonder if they'll end up keeping their end-of-support date for it.

Posted: Thu Sep 20, 2007 2:47 pm
by bio
They've already announced that they'll no longer allow computer manufacturers to sell XP with new computers (effective January 8, 2008).

I'm sure that that's when they'll kick in the 2 year rule... so you've probably got until January of 2010 to upgrade.

Posted: Thu Sep 20, 2007 3:13 pm
by Rocketdork
never used vista, but from what I hear its a lot like ME...not an upgrade at all...

Posted: Sat Sep 22, 2007 2:01 am
by miftah
bio wrote:They've already announced that they'll no longer allow computer manufacturers to sell XP with new computers (effective January 8, 2008).
Huh.