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Mon, Oct 23, 2000 1:34 PM Subject: Software licensing issue I recently, as part of a career change, I obtained several copies of Autodesk AutoCAD software. The assets were not needed and I intended to submit them for auction on a popular auction site. My auction was preemptively canceled; as though the auction site and Autodesk had the authority to declare my legally obtained assets valueless. It is nothing more than a (heretofore successful) heavy handed attempt to restrict legal commerce in a legal product for the sole purpose of coercing additional sales. These software assets belong to me and I should have some means for recapturing that capital if I so desire. Below, is the shot-across-the-bow message that Autodesk's representatives sent to me (and to all those who attempt an AutoCAD action). It's outrageous and needs to be changed. John Cavin ***************** This firm represents Autodesk, Inc. ("Autodesk") in connection with investigating instances of illegal duplication and/or distribution of its proprietary software products. We have reviewed your auction posted at http://www.ebay.com in which you have offered for sale, or have sold, copies of Autodesk's proprietary software. Please be advised that the Autodesk License Agreement prohibits the transfer of any Autodesk software license (under the Agreement, Autodesk grants you a "nontransferable license") and thus even legitimate copies of the software may not generally be sold or otherwise transferred. My client views the unauthorized transfer of its proprietary software products very seriously and is prepared to pursue its civil remedies. However, Autodesk will forego the filing of a civil action, provided you immediately cease all attempts to sell any Autodesk software product. If we discover more activity of this sort, we will immediately seek to have your account barred from eBay permanently, and we will seek maximum legal remedies against you. Accordingly, we must request that you respond to me within 48 hours. Very truly yours, ***************************************************** Andrew S. MacKay, Esq. |