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| CAD, CAM, CAE, design, technical drawing, drafting, delineation, visualization, manufacturing | ISSN 1442-2255 : 11/7/2009 - 8:25:26 PM |
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Caveat EmptorAre you fully aware of conditions imposed by the end user license agreement (EULA) for the software you use?
"Buyer beware" indeed, but how diligent are software users in examining the conditions under which they purchase and use software these days? And do they really care? If users are diligent in reading software licensing "agreements" then it appears that they are becoming more tolerant of contracting themselves into increasingly more restrictive situations. In an article published in Australian newspapers this week (The Age and the Sydney Morning Herald - 24 May 2005), Paul Waddington laments recent changes to Autodesk's licensing agreements as they relate to new products, upgrades and updates supplied through subscription services. Waddington also says that Autodesk and its dealer channel have been silent on these changes and that dealers see no need or responsibility to advise their customers of the changes. Read the full article at The Age Waddington's letter to Autodesk on this matter was replied to by Autodesk's legal counsel and he is forbidden from disclosing the content of that reply. Autodesk responded to my list of questions through the PR company Blackie McDonald. Company CEO Tony Blackie forwarded me a copy of a letter sent to the editor of the Age IT section, drafted in reply to Waddington's article. Read Autodesk's response. Updates and Upgrades Are New LicensesUsers should be aware that updates and upgrades are often supplied with licensing arrangements that differ markedly from the original license purchased. It may seem that you are extending and updating a product that you already own. That is certainly the spin put on updates and upgrades. Think again. Most software purchases only ever sell you the right use a particular program under certain conditions. An upgrade or update is really the supply of a new software license that permits you to use the new software product. We can all see the changes in the software operation. In practically every case, that is the only aspect of an upgrade or update that is ever publicised. But do we read the changes to the license? Probably not. Perhaps it's time to read the new license first before instead of after deciding to buy software. It is not always the case that licenses screw the user down further at every turn. Some software, typically from smaller vendors, comes with licensing that spans some or all future upgrades and updates. However these kinds of licensing arrangements are not common in the mega-rich class of software developers. AutoCAD EULA Articles You Might Have MissedWaddington's remarks are not new in expressing concern over Autodesk's EULAs. In his new book "What's Inside? AutoCAD 2006", Ralph Grabowski has included a chapter on the more onerous changes to Autodesk licensing in the 2006 version. In September 2004, Ed Foster posted a series of articles comparing the software licenses of Adobe and Autodesk. These articles covered various aspects of licensing including Copy Protection Terms, Permitted Uses, Audit Clauses, License Transfer, Limitations on Use, Liability Terms, Warranty Terms and a Head-to-head comparison. These articles and reader responses are published online at Ed Foster's GripeLog in the EULA section. Evan Yares writing in CADwire (March 2005) is a little nervous about the AutoCAD EULA considering the criminal penalties for breach of license. CADinfo.net has published articles in the past lamenting changes to the AutoCAD license transfer policy and sunset dates for AutoCAD software upgrades. I have yet to be persuaded that these measures are any more than than revenue-boosting ploys of no benefit to customers in any way.
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