max licences sale of.

[Sketchrender]

as many of you know the viz architectural business in ireland has seriously slowed down.

 

we have like many office in ireland have a max licences and a Vray licence .it being used.

 

so why can't we sell it.

 

god knows it cost enough.

 

can we?

 

phil

[Chad Warner]

Vray probably more likely than Max. As far as I know, the only way to get rid of a Max license is to close up shop completely and sell it. But there was that whole lawsuit thing last year with the guy selling his used copies of autocad.

[AJLynn]

That's an interesting legal question. (I don't mean that sarcastically - it actually is an interesting legal question.) Autodesk would have us believe you can't. But there was a court ruling a couple years ago that would seem to invalidate the nontransferrability clauses in software licenses. But you're in Ireland and that was in the US. So... umm... hell if I know.

[Nic H]

just sell it.

you paid for it

its yours to do whatever you want with it.

 

bugger autodesk.

[BVI]

just sell it.

you paid for it

its yours to do whatever you want with it.

 

bugger autodesk.

 

Thats were they differ in opinion. AD states that they ALLOW you to use the software license - but you never own it.

[DanGrover]

Thats were they differ in opinion. AD states that they ALLOW you to use the software license - but you never own it.

 

I don't think that's true - you do own the license, you just don't own the software. So you can't reverse engineer it or hack it about or whatever, you just have a license to use it. That doesn't mean you can't sell that license (though some other clause of the T&C might!)

[AJLynn]

They do put a nontransferrability clause in there, but the interesting question is whether that is enforceable.

 

In Verner v. Autodesk, the court ruled that first sale doctrine applies because the software purchase transaction materially resembled a sale in that there was a one-time charge for perpetual possession of the software, therefore the customer does become the owner of the copy of the software.

 

Hopefully this will be upheld on appeal. It makes no sense that while a record company or book publisher can't sell nontransferrable books or CDs, a software company can make its software nontransferrable. And I've got 8 Maxwell licenses I'm not using.