And just like that, Autodesk lost its battle against resold software in EU

Autodesk's legal department must've spent a sleepless night as word came out late yesterday evening from Europe that used software can be sold privately. As my European CAD friend Dietmar Rudolph explained it to me:

You will have seen comments on the EU ruling on used software which in fact says that a software company's rights to distribution of a license ends with the first sale. Once sold (no matter which way), the licensee is allowed to resell the software even if the EULA says differently.

Now, I have copies of AutoCAD and other software going back to the 1980s. I keep it all on hand as a kind of museum and for reference purposes. In the deep shelving of my office, there copies of AutoCAD v2.17f for Victor 9000, Artist Software/Control Systems GT Express, Quarterdeck Desqview 386, Penright 3.0 SDK, and more. (Most were given to me by software vendors, but some I bought used at computer faires, like IBM Topview.) As one visitor remarked as he gazed across the shelves, "You've got the history of computing there."

 

I would never sell it the stuff, much too valuable now. Nevertheless, I have wondered why Autodesk would care if someone wanted to buy that 1985 AutoCAD v2.17f from me -- especially because it can no longer run, what with the 5-1/4" floppy diskettes pretty much demagnetized by now. (I still have the Victor 9000 computer, stored deep in the back under my basement stairs.)

 

Of course, there is only one reason for Autodesk to care: $$$!!! And so it fights legally for these reasons to keep the resale market illegal:

• When we are legally free to buy and sell software, Autodesk makes no revenue from this secondary market.
  
  
• When we buy and sell among ourselves, we set a free-market price that is much lower than the fixed price set by Autodesk.
  
  
• Lowered demand for software supplied from Autodesk could force it to lower its list price to compete with the open market.
  
  

So, today is a good day in Europe for design firms with surplus licenses of CAD and other software, and for firms looking to make their business more efficient in these tough economic times through lowered software pricing.

When Autodesk speaks of bringing democracy to the design world, I have a feeling on this July 4 that they didn't mean to include democratic software pricing -- pricing determined by the people.

Link to the court's decision on InfoCuria.

 

Comments

[Patrick EMIN]

I have thousands of dollars that sleep in my closet ... I'll be pretty busy these next few days, sorry ...

[Ralph Grabowski]

I wonder if non-Europeans can now sell their software through European sites?

[Normand C.]

2.17! When I was at University a friend copied me AutoCAD v2.17 for DOS on a floppy (the lab PCs were running 2.62). I think I finally threw the disk away 4 years ago when I moved.

[Kevin E.]

Curious. I'm pretty sure that the license terms for all of the CAD/CAM companies are pretty much the same, yet you don't mention any others besides Autodesk in this post?

[Kevin E.]

After reading this again, I can see why you don't. My apologies.

[Ralph Grabowski]

I specify Autodesk, because it is the CAD vendor who is aggressively suing one man for the resale of software licenses, alternatively losing and winning as the case winds it way up through the American court system.

The man's argument is that he did not agree to the EULA, because he did not install the software, and so is not bound by it. He bought the CAD software at a garage sale, and then listed it for sale on eBay. Autodesk asked eBay to take down the listing, which eBay did, and the fireworks began.

[Lou]

A few years ago I bought an older version of automap in its sealed box at a local computer fair with books and attached serial #, upon installation I was asked to register it online, but never did try activating it, so after 15 days it did stop working, so I ended up un-installing it.

I doubt Autodesk would allow me to register and activate the software since it was not bought through their resellers.
Even if it's just for hobby use.

Ralph,great article!