Overwritten.net
Community => General Discussion => Topic started by: idolminds on Wednesday, October 07, 2009, 12:07:30 AM
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US court says software is owned, not licensed (http://www.out-law.com/default.aspx?page=10421)
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Wooh!
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This is a small victory, though it gladdens me nonetheless. First of all, it's a mere district court. There are 2 levels of appeals beyond it. Second, it doesn't support the notion of software ownership across the board. It only applies to the software in this case.
"The Autodesk License is a hodgepodge of terms that, standing alone, support both a transfer of ownership and a mere license," said the ruling. "Autodesk expressly retains title to the 'Software and accompanying materials,' but it has no right to regain possession of the software or the 'accompanying materials'. Licensees pay a single up-front price for the software. Autodesk can require the destruction of the software, but only as consideration in the later purchase of an upgrade."
The court covers its ass nicely, disclaiming any position on software policy.
"The court’s decision today is not based on any policy judgment. Congress is both constitutionally and institutionally suited to render judgments on policy; courts generally are not," the Court ruled. "Precedent binds the court regardless of whether it would be good policy to ignore it."
I think the opinion is intelligently written. I wish it had more weight.
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Hopefully there's more of that in the future.