Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
(OP)
Just saw this in Cadalyst magazine:
htt p://manage ment.cadal yst.com/ca dman/artic le/article Detail.jsp ?id=526878
Interesting--wonder how/if this will affect the license agreement for SolidWorks. Thoughts?
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Interesting--wonder how/if this will affect the license agreement for SolidWorks. Thoughts?
Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.






RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
John H. Dunten, CD
Certified Drafter
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
That actually isn't true at all. The criteria for what represents a first-sale was maintained and applies to any software that is not leased for a limited duration of time, regardless of how the licensing scheme is cooked up. I actually covered this case topic back in May on my blog: First-Sale Doctrine Upheld.
Matt Lorono
CAD Engineer/ECN Analyst
Silicon Valley, CA
Lorono's SolidWorks Resources
Co-moderator of Solidworks Yahoo! Group
and Mechnical.Engineering Yahoo! Group
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
One tweak is regarding the SW policy of not supporting/updating copies of software obtained second-hand instead of via a VAR. Would this ruling force their hand in any way? Perhaps SW has gotten around the power of this ruling--sure, a user might get their particular copy of software to operate, but it might never see the ability to be upgraded.
By the way--excellent article on the topic!
Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
SolidWorks will work for an indefinite period of time after it is purchased. In no way is there a time limit on SolidWorks.
The subscription fee that is paid each year is for updates and new versions.
If you purchase SW 2008 SP 4.0 toady, it will work for 100 years if your computer is still working in 100 years.
Why and how could SolidWorks stop me if I sold somebody my SW 2007 SP 0.0 disc set?
John H. Dunten, CD
Certified Drafter
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
1.A. Grant of License. SolidWorks grants to you a nonexclusive nontransferable license to use the Software and the printed and/or electronic user documentation (the "Documentation") accompanying the Software in accordance with this Agreement.
Jason
SolidWorks 2007 SP5.0
SolidWorks 2008 SP0.1
WinXp sp2 (32 and 64 bit)
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
Yes, we know. I'm was responding to your comment regarding "as the item you purchase is not the software but the serial number." This comment was not true. SW is under the same rules as any other software. This rule reasserts those rules inspite of any licensing agreement.
Licensing agreements cannot supercede law. They are subject to the law of the land where the application is in use. Where licensing agreements are in conflict with the law, those portions are invalid and could (in some cases) be grounds for penal action against the publisher (as some states make certain provisions specifically illegal).
Matt Lorono
CAD Engineer/ECN Analyst
Silicon Valley, CA
Lorono's SolidWorks Resources
Co-moderator of Solidworks Yahoo! Group
and Mechnical.Engineering Yahoo! Group
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
If it's as simple as that, I'd say SolidWorks is facing difficulty in keeping their license agreement as-is (without challenges, anyway).
Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
I have seen AutoCAD being sold on Ebay, and they should allow it as long as the buyer doesn't expect tech support and upgrades. We have old CD's of SW and it would be nice if we could sell them because they are just sitting on a shelf gathering dust even though $thousands was spent on them.
Flores
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
A star for you.
Bradley
SolidWorks Pro 2008 x64, SP4.0
PDMWorks Workgroup, SolidWorks BOM,
Dell XPS Intel(R) Pentium(R) D CPU
3.00 GHz, 5 GB RAM, Virtual memory 10240 MB,
nVidia Quadro FX 3400
"If it ain't broke, you just haven't looked hard enough." Fix it anyway.
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
Jeff Mowry
www.industrialdesignhaus.com
A people who value security over freedom will soon find they have neither.
RE: Court Rules ACAD Resale Lawful--what's that mean for SolidWorks?
Very well written article. A star for you.
Bradley
SolidWorks Pro 2008 x64, SP4.0
PDMWorks Workgroup, SolidWorks BOM,
Dell XPS Intel(R) Pentium(R) D CPU
3.00 GHz, 5 GB RAM, Virtual memory 10240 MB,
nVidia Quadro FX 3400
"If it ain't broke, you just haven't looked hard enough." Fix it anyway.