3D CAD NEWS

Yesterday’s news that nonprofit advocate Public Citizen is providing eBay seller Timothy S. Vernor an attorney for his federal lawsuit against Autodesk sends a subtle but important message. Vernor is no longer in it for the money.

Perhaps still available, but no longer the only reason for the journey.

Public Citizen has identified misuse of eBay’s Verified Rights Owners (VeRO) program as a key advocacy agenda item for 2007. It has already come to the aid of two other eBay sellers who were booted off eBay due to complaints from vendors.

Public Citizen is not interested in getting a quick settlement for Vernor. They want precedent. They believe vendors are taking unfair advantage of the Digital Millennium Copyright Act, wielding enormous control over the rights of average consumers far in excess of settled law regarding copyright law and related notions of first sale and fair use.

If only shutting someone up with a cash settlement were easy.

Public Citizen sought Vernor, not the other way around. Last week Vernor told me that if he should suddenly disappear or refuse to answer my calls, it was because he had just accepted a generous settlement from The Big A and a stifling gag order to match.

Vernor will have trouble passing an airport metal scan if he accepts hush money from The Big A.

If this is poker game, Vernon has already raised his bet before Autodesk has had a chance to look at their cards. I’ll be seeing a few hands from The Big A next week at a little sorrier they are sponsoring for the media. Not likely I’ll get comments for publication about Mr. Vernor, but you never know.

One more thing. That little website caled Slashdot continues to follow this case, by linking to a sibling Engineering Automation Network publication. Slashdot readers love to comment on the issues. It seems that Vernor’s new attorney was a programmer at Microsoft before becoming a lawyer. A Slashdotter asked how this guy had managed to sell his soul twice.

Live image of the second time one sells one’s soul to the devil. The first time is more of a lease.

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.