3D CAD NEWS

It seems Autodesk is out shopping again, with an anouncement to acquire MoldFlow last week, and this week the news that it is acquiring REALVIZ, out of Sophia Antipolis, France.

According to Autodesk's Press release about REALVIZ, the company provides "efficient ways to generate 3D content and visual effects from photo imaging and 2D environments." or in other words, Photogrammetry. This discipline is pretty cool - the basis is of it is that using a scanned photo, or set of photos, you can pretty quickly create 3D points that in turn become a 3D model. This type of technology is used a lot in architecture, film graphics and gaming. The products also deliver motion capture and panoramic photo stitching. Already the products on realViz' web site have been renamed with Autodesk's monniker, and the company intends to continue to sell REALVIZ’s Stitcher Unlimited, Stitcher Express, ImageModeler and Movimento software as standalone products.

However, the Matchmover, Retimer and VTour products will no longer be available as standalone products but will be developed as core technology into future versions of Autodesk’s existing products.

The following REALVIZ offerings have been discontinued: Stitcher Pro, Stitcher Unlimited DS, and StoryViz. Education versions of ImageModeler and Stitcher continue to be available. Student versions of ImageModeler and Stitcher are no longer available. The terms of the acquisition have not been revealed.

So is this 'photogrammetry comes of age?' Probably not...yet. This niche discipline (focused on architecture, 'shape capture', entertainment etc) has only a few players including Eos Systems' Photomodeler, and PhotoPlan from Latimer CAD Ltd (a product that only supports AutoCAD) (Photogrammetry is used much more widely in GIS and mapping but that is not what these products aim at.) Photogrammetry is an important, but small, aspect for architectural projects that use existing structures, and for surveying buildings, in forensic projects, and its value in film graphics and game development is unquestioned. But we don't see this as a sign of the market maturing:- there are way too many other potential uses for this that have not been fuly explored and exploited including rapid (and affordable) reverse engineering and 'shape capture' of products directly into 3D CAD. Since REALVIZ was purchased by Autodesk's Media and Entertainment division, we suspect that reverse engineering of products using photogrammetry is not on Autodesk's radar screen.

REALVIZ' 3D format support is listed as: Maya, 3ds Max, DWG, Lightwave, Softimage, OBJ, WRML and Google Earth and we suspect that they will keep this support even now they are Autodesk poducts. I doubt that the support will widen any. By contrast, PhotoModeler has a much wider 3D CAD format support including IGES, STEP, STL, DXF, Rhino, and then Maya, 3DS, FDX, OBJ and Google Earth. Does this matter? if you use non-Autodesk products, then yes, it does.

At a crowded kick-off keynote session today at Autodesk University, Lynn Allen and then Carl Bass wowed a crowd of almost 10,000 attendees.

Using a new stage set that was in the middle of the room, with the audience surrounding the stage, the company presented itself, and its products, across an hour and a half general session. A number of key points were made.

8 million users
A long-debated number, the amount of users of AutoCAD, which has been prominently described as 6 million in the company’s press releases this year, was amended to 8 million registered users during Lynn Allen’s ice breaker presentation this morning.


Carl Bass Takes Control
In a relaxed, confident style, Carl Bass gave the keynote address, presenting his views about what the future holds – globalization, competition, energy issues and climate change – and how engineers of every kind can address the problem. Interestingly, his keynote did not simply talk about Autodesk software. It talked to issues and problems that we are all somewhat aware of, but maybe don’t really want to admit. Things like the explosion in global population, the corresponding increase in energy use, and the need for yet more infrastructure as developing countries develop into advanced countries.

An interesting statistic, according to Bass, is that apparently half of the buildings we will work in within 25 years have yet to be built. This means continued huge growth in construction and infrastructure.

Bass also noted that we can design more cleverly, using ingenuity to protect infrastructure, for example with sensors to detect structural issues in bridges, and so on.

Bass’ biggest issue is with sustainability of the world in which we live. He made the point that there are intelligent ways that energy can be conserved, that designs can be environmentally friendly, and that the 10,000 people sat in that auditorium are the ones who will make the difference. It was a point well-taken.

Carl Bass comes across as confident and intelligent – sometimes a surprise with a CEO of any company. He didn’t obsess about AutoCAD software. Instead he obsessed about how we can all make a difference… and that Autodesk will be there to help. It makes sense for many of the attendees who simply want to use software better, and in the process not adversely affect the world in which we live.
(Image courtesy: David Cohn)

Highlights from Carl Bass’ keynote are available at CADCAMNETtv tonight.

For once I have arrived early to Autodesk University, and have spent some of the afternoon hiding behind fake Italian Renaissance columns, spending time watching out for AU attendees at the beautiful Venetian Hotel in Las Vegas.

They start off not that easy to spot, looking like any other business traveller arriving at a destination. But soon it becomes obvious: between the flocks of Asian tourists all dressed in black, the feathers of cocktail waitresses, and the baseball hats of 23 year-olds who flew here to get married but prefer hanging out at the Craps table, you can see them start to appear. The button-down shirts are the first giveaway. The odd bowtie appears and flits off (an architect more easily scared by the crowd), the sensible shoes also start to make an appearance, a determined walk towards the poker room, and the glimpse of thousands of red name badges... yes. We have not just infiltrated a busy and attractive public place. The AutoCAD users are starting to take it over.

An anticipated crowd of more than 8,000 is gathering, and becoming evident. Rumor has it they have filled the host hotel and also taken over four more along the Vegas strip. Boasting the biggest user base, and user event, in the CAD industry, Autodesk is poised and ready to wow the crowd with a strong message about environmental sustainability and how its software can help.

Tuesday kicks off with the keynote by Autodesk CEO Carl Bass, followed by classes and the much anticipatd AUGI beer bust. By Tuesday evening, you will be able to view video highlights at CADCAMNETtv, sponsored by G10, as well as follow up posts on this blog.

Don't miss out!

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This week at CADCAMNETtv, Greg Smith, our Big Mac Guy (you'll understand the double meaning when you watch) gives an overview of both Parallels and VMwareFusion running Windows XP, with AutoCAD and Rhino software, on a Macintosh.

If you've ever been curious about whether you can run your CAD system on a Mac, well this might give you pointers. However, be warned that only a select few Windows CAD products will actually run on the virtual machine, but at least it opens up the options a little more from what we have now for CAD on the Mac.

To watch the review, go to www.cadcamnet.tv; Greg's review is about half way through the broadcast. If anyone knows of any other CAD products that work on the virtual machine, please do share!

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eBay seller Timothy S. Vernor gives no ground in a video interview today at CADCAMNETtv. They may be large software company with a large team of lawyers, Vernor says, but “The biggest thing going for me is that I know I’m right … the law is on my side. … I really do expect them to propose a settlement soon.”

Timothy S. Vernor, aka HappyHourComics, remains poised and confident.

Vernor’s case is based on the legal principle known as the First Sale Doctrine; the Wikipedia entry linked to says it is not an area of settled law when it comes to computer software.

One of the CAD industry’s leading experts on software licensing issues, former Open Design Alliance executive director Evan Yares, thinks Vernor has a pretty good case; read his article “Old Copies of AutoCAD” for details.

Former software arms merchant (just ask Carl Bass) Evan Yares thinks Vernor might have a case.

The complete text of Vernor's complaint against Autodesk, as filed with the US District Court in Seattle, is now available at AECnews.

You can watch the complete interview with Vernor, conducted via Skype video, at CCNtv.

Oh, and don't get to excited about Kera Cauthorn's opening line -- a skirt is not pants.

--RSN

The story of the eBay seller who is taking Autodesk to federal court seems to have touched a raw nerve. Over at AECnews, (which published the first news) the comments are coming in fast and furious.

Timothy S. Vernor v. Autodesk

The comments range from support for Autodesk to the bold suggestion that people should use pirated software.

Another unlicensed AutoCAD user.

Most readers who reply seem to be venting pent-up frustration. One points out that a $4,000 copy of AutoCAD has cost his engineering firm $40,000 over the years, when you add up all the upgrades, third-party software, training and support.

Autodesk may be the 2D standard, but no one can accuse it of winning awards for user-friendly licensing agreements. Perhaps Vernor is doing a public service in bringing such frustrations to a US District Court.

If you want to hear from Don Quixote himself, CADCAMNETtv will have an interview with Vernor in its next edition, which goes live Monday, September 17. You’ll hear him say, “I have no fear of Autodesk because I am right.” You can tell he’s never tried to re-order a drawing to plot faster.

UPDATE: No wonder the AECnews server can boil water today -- Slashdot, TechDirt, BoingBoing and other tech news sites have all linked to the original AECnews piece. The PR team at Autodesk is probably combing through their Rolodex for a hit man even as we speak.

 

 

For seven years a soft-spoken Seattle resident by the name of Timothy S. Vernor made a decent living selling stuff on eBay. Mostly he sold vintage comic books, but also whatever else he could get cheap and pass along to a waiting market.

Timothy S. Vernor, eBay Reseller

Vernor has over 10,000 positive comments and a 99+% positive rating. Then he listed a copy of AutoCAD Release 14. That was the beginning of the nightmare for Timothy Vernor.

Autodesk filed a notice with eBay claiming Vernor violated their rights by trying to sell Autodesk software at auction. It is eBay policy to remove a listing first and ask questions later when a software company protests a listing. Vernor appealed and was relisted. He did this five times, for five different copies of R14 that came into his possession. Each time Autodesk appealed, the auction was pulled, Vernor appealed, and the auction was reinstated. After the fifth time, eBay suspended his seller account, leaving him without access to what had become his sole source of livelihood.

It took Vernor 30 days to convince eBay he was not a criminal and to have his seller account reinstated. Most people would have decided to stay far far away from anything with the word “Autodesk” on it at this point. But Timothy Vernor is not most people. He believes the law is on his side and that Autodesk is behaving badly. After studying things out on his own, Vernor walked the few blocks from his apartment to the nearest branch of the US District Court and sued Autodesk. Without a lawyer.

It took 60 days, Vernor told 3D CAD News, for the court “to decide I wasn’t a wacko” and allow Vernor’s case to move forward. Autodesk has now been sent a summons and has 60 days to respond.

Why does Mr. Vernor think he has a case against the world’s biggest CAD company? Here are his words, from a press release he wrote and sent out to various media outlets he found by doing some research:

A lawsuit has been filed in Federal Court (US District Court for the Western Washington District C07-1189 JLR) that alleges Autodesk, Inc., maker of the industry standard AutoCAD software and their attorney Andrew S. Mackay have devised an illegal scheme to have used copies of their software removed from the eBay site using the Digital Millennium Copyright Act.

Autodesk attorney Andrew S. Mackey scours Seattle looking for Timothy Vernor.

The law passed in 1998 was designed to give intellectual property rights owners a way to have content removed from the Internet that violates copyright law. An example would be a television show uploaded to YouTube without permission from the production company. The right to sell an item that has been legally purchased is protected under copyright law. The first sale doctrine allows an individual to transfer (i.e. sell, giveaway etc.) a lawfully made copy of an item without permission once it has been obtained. The doctrine has been part of US law since the Supreme Court recognized it in 1908 and covers everything from books and DVDs to clothing and automobiles.

Autodesk is using the Digital Millennium Copyright Act to have legal copies of their software removed from eBay so they can sell more new copies. The latest version of AutoCAD software is around $4,000 a copy. Autodesk's lawyer, Andrew S. Mackay states "AutoCAD software is licensed not sold and that license is not transferable." AutoCAD software is available for purchase at most major software retailers. There is no indication your purchase would be different from any other until you get it home and open the box. There is a piece of paper tucked inside that says it is a licensing agreement with the statement "by opening the sealed software packet(s), you agree to be bound by the terms and conditions of this license agreement." This is called a "shrink wrap" contract. It cannot be read until you open the package which according to the contract constitutes agreement. US courts have not held a "shrink wrap" contract to be valid. Furthermore the Digital Millennium Copyright Act is only intended to enforce copyright violations, not breach of contract.

Vernor says his lawsuit is about more than simply teaching Autodesk a lesson, although that’s part of it. “These people didn’t take me seriously,” Vernor told us in an interview. “But the real reason is that this lawsuit is about eBay and intellectual property.” Vernor says Autodesk is not the only company to demand that eBay remove one of his auctions. Monster Cable, various textbook publishers and even name-brand apparel companies have done it as well. Vernor sees it all as egregious misapplications of laws regarding the ability to protect intellectual property. “It is too easy for a company to say an auction infringes on its intellectual property; anyone can file such a complaint.”

It seems Vernor is not alone in thinking the Digital Millennium Copyright Act is being misused. The Electronic Freedom Foundation has a long article detailing ways it believes the DMCA is being misused, including the kind of software reselling Vernor attempted.

Faithful CAD scribe Owen Wengerd has posted access to the court documents in this case; head to http://www.adskvoda.com/NewsFeed/tabid/53/EntryID/47/Default.aspx if you want the gory details.

Autodesk announced last week that "it has passed the one million mark for users of its 3D model-based design solutions." This includes Inventor, the Civil 3D line, the Revit line, and the various media and entertainment solutions. Those of us who have been around this industry longer than we care to admit know that many of those users acquired their 3D products as bundleware, when they purchased a 2D solution (primarily Autodesk Mechanical Desktop and Autodesk Architectural Desktop, but also Autodesk's civil solutions).

There are countless copies of Autodesk 3D products that have moved from bundleware to shelfware without ever having become productive software. The reason these products were never able to bust out of their shrinkwrap has nothing to do with the quality of the software (Steve Wolfe's famous reviews of Inventor notwithstanding ). It has everything to do with the customer. Of all the leading CAD vendors, Autodesk has the good news/bad news distinction of having the most 2D users. They number in the millions and they are in no great hurry to convert to 3D. (It is the official editorial policy of this esteemed online journal that such reluctance makes these users Certifiable, if you know what we mean. But we digress.) The good news is that, eventually, most of them will either die or convert to 3D. The bad news is that until they do, they want their 2D CAD to continue to be served fresh every year. Thus, AutoCAD developers mine the AUGI wish list desperate for ideas. Thus, Carl Bass cries himself to sleep at night over 3D upgrade revenues that won't occur this year.

Wondering about the substance behind the report of 1 million 3D CAD users, we asked an Autodesk press wrangler (i.e, media specialist):


The official reply:

We are not holding our breath.

Autodesk somehow managed to trudge along, despite the weight of its 2D user base.