COFES
The Congress on the Future of Engineering Software Register | Login
COFES 2009
April 16-19, 2009
Scottsdale, Arizona
The Scottsdale Plaza Resort
 Search
Autodesk vs. Vernor: It's a big precedent for ALL software vendors
Location: BlogsBrad Holtz    
Posted by: Brad Holtz 5/23/2008

Here's all you need to know about the Autodesk vs. Vernor ruling:

1. Software "licenses" where the customer pays upfront a single fee for perpetual use of the software, with no obligation to return the software, must be treated by the courts as if it were a sale. Therefore the application of copyright law follows the first-sale principle.

2. Software vendors can get avoid have this ruling apply in any one of several ways.

a. renting the software. The Autodesk vs. Vernor ruling interprets a fully paid up perpetual license as a sale. If the license is not perpetual and fully paid, the interpretation of sale would not apply.

b. require the customer to return the software at the end of use.  This would leave open the possibility of negating one of the conditions of the Wise decision on which this ruling is based.

I recommend the following CADCAMnet article for additional reading: http://www.newslettersonline.com/user/user.fas/s=63/fp=3/tp=47?T=open_article,969809&P=article 

Full text of the decision can be seen at: http://www.newslettersonline.com/user/user.fas/s=63/fp=3/tp=47?T=open_article,969810&P=article

Permalink |  Trackback

Your name:
Title:
Comment:
Add Comment   Cancel 
COFES Blog Search
Copyright 2008 by Cyon Research Terms Of Use | Privacy Policy
Site Credits