used autodesk autocad software sale ebay

He argued that under the First Sale Doctrine, he was entitled to re-sell authentic copies of Autodesk's software with or without the company's permission.

They filed suit in federal court last year seeking a declaration that his actions were legal under copyright law and that Autodesk was abusing the DMCA by filing take-down notices. Wanting to continue selling used software but fearing another suspension of his eBay account, Vernor sought the help of the progressive advocacy organization Public Citizen. After the fifth such altercation, eBay suspended his account, preventing him from earning a living for a month. After each notice, Vernor filed a counter-notice stating that he was selling authentic, used copies of the software.

When he began selling used copies of AutoCAD software, he attracted the attention of its manufacturer, Autodesk, which began filing infringement notices under the Digital Millenium Copyright Act. He obtains these items at garage sales, office sales, and flea markets and auctions them off on eBay. Dueling DMCA noticesĪs we discussed when the lawsuit was filed last year, Vernor makes his living selling used comic books, video games, software, and collectibles. The First Sale Doctrine was first articulated by the Supreme Court in 1908 and has since been codified into statute. It is the principle that makes libraries and used book stores possible. Jones relied on the First Sale Doctrine, which ensures the right to re-sell used copies of copyrighted works. Jones rejected that argument, holding that Vernor is entitled to sell used copies of Autodesk's software regardless of any licensing agreement that might have bound the software's previous owners. Autodesk argued that it only licenses copies of its software, rather than selling them, and that therefore any resale of the software constitutes copyright infringement.īut Judge Richard A. The case concerned an eBay merchant named Timothy Vernor who has repeatedly locked horns with Autodesk over the sale of used copies of its software. A federal district judge in Washington State handed down an important decision this week on shrink-wrap license agreements and the First Sale Doctrine.

Used autodesk autocad software sale ebay