Synopsis
eBay seller Timothy Vernor decided to strike back at Autodesk after they issued multiple DMCA takedown notices claiming that his sales of AutoCAD software on eBay violated Autodesk's copyright. This lawsuit caught the attention of consumer activist group Public Citizen, which is now representing Vernor in the case.
Introduction
Autodesk uses provisions of the DMCA (Digital Millenium Copyright Act) to send takedown notices when someone lists legitimately purchased AutoCAD software for sale on an auction site like eBay. Autodesk's license agreement prohibits resale, however Mr. Vernor notes that Autodesk's takedown notices are sent under the auspices of copyright law, not contract law. He further contends that the license agreement is not enforceable in any case.
The main point of the argument here is the notion that the DMCA does not apply because no copyrights are being violated, and therefore Autodesk cannot force auction sites to remove listings of AutoCAD for sale. On its face, this argument has merit because it is not copyright law that prohibits the resale of AutoCAD -- it is the shrink wrap license agreement, which falls under contract law.