Tabberone is pronounced tab ber won |
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Letter to Timothy S. Vernor from Autodesk Lawyer Andrew S. MacKay Dated June 29, 2007
Dear Mr. Vernor: As you know, this firm represents Autodesk, Inc. (“Autodesk”) in connection with investigating instances of illegal duplication and/or distribution of its proprietary software products. This responds to your June 11 and 15, 2007 letters regarding the numerous auctions you have posted on eBay in an attempt to sell packages of AutoCAD, Release 14 software. You express concern over the apparent restriction or suspension of your account with eBay. We have not asked eBay to take action against your eBay account. Perhaps the action with respect to eBay resulted from other auctions you have placed. In any event, the action has not resulted from any request from us. This firm does not represent or have any control over eBay. You assert that with respect to the recent auctions for Autodesk software you have placed that you had no knowledge of the provision of the Autodesk Software License Agreement (“ASLA”) that prohibits transfer of the software license. This is incorrect. Our past correspondence and telephone conversation in 2005 clearly put you on notice that the Autodesk software license is a “nontransferable license.” You have clearly been put on notice of this restriction on transfer; you cannot genuinely claim ignorance. Any rights you have cannot exceed the rights of the original licensee. Autodesk specifically delineates the licensee’s rights in the ASLA. If you claim the license has been transferred to you, the original licensee was without legal authority to transfer the software license. If you claim that you are acting as a broker for the original licensee, the licensee is still without legal authority to transfer the license. In any event, you have been on notice of this license restriction for over two years and are deemed to have knowledge of this restriction, even if you were the original purchaser of the software products in question. Please refrain from any further attempts at the unauthorized sale of Autodesk software. If you do not, then I will have no choice but to advise my client to take further action regarding this matter. Very truly yours, Andrew S. MacKay |
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