Autodesk Smackdown

by on May 22, 2008 · 12 comments

I love understated sarcasm in judicial opinions. From yesterday’s Autodesk decision:

Not only has Autodesk failed to surmount the thorny issues of privity and mutual assent inherent in its contention that its License binds Mr. Vernor and his customers, it has ignored the terms of the License itself. The Autodesk License is expressly “nontransferable.” License: Grant of License. Autodesk does not explain how a nontransferable license can bind subsequent transferees.

This decision from a district judge is a victory for the First Sale Doctrine and common sense. But it highlights conflicting Ninth Circuit precedents, and explicitly chooses one in favor of the others, so the Ninth Circuit seems likely to step in and resolve the conflict.

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