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For instance, book publishers could bar resale and lending, eliminating the used-book market as well as libraries.Įven if he had ruled against Vernor, such fear was 'misplaced,' the judge said.

Vernor has argued that if the judge ruled that the software was indeed licensed, then any copyright owner could impose severe restrictions on how their products are used. 'Although Autodesk would no doubt prefer that consumers' money reaches its pockets, that preference is not a basis for policy,' Jones wrote. But that argument ignores the secondhand market, which offers better prices for consumers, the judge noted. But he said he thinks the impact will be minimal.Īutodesk argued that if the judge decided that people own its software, prices will rise for end-users. In previous arguments, both sides warned of dire consequences that could follow the judge's decision. We will rely on more recent Ninth Circuit cases that, as the district court acknowledged, favor Autodesk's position,' the company said in a statement. 'We disagree with the Court's interpretation and application of copyright law so, on that basis, will appeal the decision to the Ninth Circuit Court of Appeals, the Court of Appeals with jurisdiction over this matter. The judge also agreed with Vernor's argument that owners of software have 'first sale' rights under copyright law, which entitles them to 'sell or otherwise dispose of' the copy they bought.Īutodesk said it will appeal the decision. Similarly, the court cannot characterize Autodesk's decision to let its licensees retain possession of the software forever as something other than a transfer of ownership, despite numerous restrictions on that ownership.'

'No one would characterize the person's possession, however, as something other than ownership. 'A person who buys a home is nonetheless restricted in his use and subsequent transfer of the home by property laws, zoning ordinances, and fair housing statutes,' Judge Richard Jones wrote in his ruling. Autodesk had argued that its restrictions on the way that buyers can use the software show that users license rather than own the software. District Court for the Western District of Washington, found. Autodesk contends that it doesn't 'sell' its software, but instead licenses it and therefore prohibits buyers from reselling it.īut no matter how Autodesk describes the agreement with customers, it is transferring ownership to end-users, the judge, from the U.S.

Used autodesk autocad software sale ebay