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.
David Robinson used the data from the 28,657 people who self-selected to take the Stack Overflow survey to investigate the relationship between programmer pay and the conventions of using either tabs or spaces to mark indents, and found a persistent, significant correlation between using spaces and bringing home higher pay.
It’s the end of an era, sort of: Fraunhofer IIS, the developers of the MP3 audio compression format, announced that they are ceasing their licensing program. In a blog post, spokesman Matthias Rose says that it’s had a good 20-year run and is obsolete. But it’s also true that the decoding patents expired last year, […]
Freddy deBoer writes that he’s been telling the same joke for years about Silicon Valley’s only product, which might be universalized as “At last, a way to verb with nouns on the internet!” But the social-media techopoly is stable, now, and so the venture capitalists have moved on to the three terrible trends that will […]
Even though credit cards now feature an EMV chip for securing transactions, they still have to include the magnetic strip for compatibility with older point of sale systems. Because of this, there’s no way for the chip’s new security capabilities to protect against card skimmers in the wild.How do you protect yourself from legacy-technology-induced fraud? […]
As the old saying goes, “You should sit in meditation for 30 minutes every day. Unless you are too busy, in which case you should meditate for an hour.” Since most of us have an endless list of things to do and people to see, carving out quiet time can feel impossible, especially when most […]
The Bragi Dash Truly Wireless Smart Earphones are far more than your run of the mill Bluetooth earbuds. While the earpiece design makes these earbuds ideal for exercise and activity, and passive noise cancelling is conducive to a more serene listening experience, these buds go well beyond just playing music.First of all, they can actually […]