A lone quixote in Seattle is suing Autodesk for sending copyright infringement notices to eBay, where he is a professional seller. At issue is Tim Vernor's listings for used copies of Autodesk's AutoCAD software -- Autodesk says that when you buy its software, you only "license" it and so you don't get the right to sell it after you're done with it. Vernor is seeking $10 million.
Autodesk is using the Digital Millennium Copyright Act to have legal copies of their software removed from eBay so they can sell more new copies. The latest version of AutoCAD software is around $4,000 a copy. Autodesk's lawyer, Andrew S. Mackay states "AutoCAD software is licensed, not sold and that license is not transferable." AutoCAD software is available for purchase at most major software retailers. There is no indication your purchase would be different from any other until you get it home and open the box. There is a piece of paper tucked inside that says it is a licensing agreement with the statement "by opening the sealed software packet(s), you agree to be bound by the terms and conditions of this license agreement". This is called a "shrink wrap" contract. It cannot be read until you open the package which according to the contract constitutes agreement. US courts have not held a "shrink wrap " contract to be valid. Furthermore the Digital Millennium Copyright Act is only intended to enforce copyright violations, not breach of contract.
The lawsuit also alleges perjury since the notice that was sent to eBay is required to be signed under penalty of perjury and fraud. Using illegal means to make a legal gain (i.e. sell more new copies) is a civil definition of fraud. Autodesk's attorney Andrew S. Mackay is currently under investigation (# 07-24456) by the California State Bar Association for his actions in this matter.
At The Malware Musuem you can enjoy the experience of DOS-era viruses, trojans and other digital beasties without any of the risk. Many of them manifested as wild graphical tricks and other spectacular coding feats, distracting you as they formatted hard drives or corrupted files. The Malware Museum is a collection of malware programs, usually […]
Neglected public payphones in New York City are being turned into “GuyFi” stations: a place where one can rub one out for the sake of “stress relief.” Annalee Newitz reports on the wank booths from a company named “Hot Octopus”… The company reported that at least 100 men used the booth on its opening day […]
You’d be forgiven for thinking the videocassette format long-dead, but it turns out that Betamax is still around. Sony is finally going to withdraw tapes from sale, bringing a 40-year story to an end. The last recorders were sold in 2002. ベータビデオカセットおよびマイクロMVカセットテープ出荷終了のお知らせ [Sony; via The Verge]
If you’ve been blessed enough to avoid them yourself, you’ve definitely heard the horror stories. Late night, crushing out a ton of work, writing, coding, anything, then boom – your computer crashes. The battery blows, you spill water or coffee all over the place, or it just shuts down with no explanation, and you’re screwed. […]
You travel around a lot. It might be that jet set life from New York to LA to London to Tokyo, or it might be back and forth from the coffee shop to the office, or from the kitchen to the couch. Any which way, you’re mobile and that’s the way to live. When you […]
It’s 2016 and we like our technology really small. Our phones fit in our pockets, our remotes are lighter than ever, and even our cars seem to be shrinking. So your new drone shouldn’t be an exception. This Axis VIDIUS Drone is 21% off right now and it’s so little, your biggest problem won’t be […]