An exchange of arguments in the Vernor lawsuit over the past few weeks begins to solidify the arguments and clarify the strategies of the two parties. First Vernor's attorneys filed a brief in opposition to Autodesk's motion to dismiss the lawsuit, then Autodesk responded.
Vernor's attorneys are clearly challenging conventional thinking as it relates to copyright and software licensing. This is expected, as Public Citizen, the nonprofit group funding Vernor's challenge, has said that it wants to clarify existing case law with regard to software licensing. On the other hand, it's what Autodesk does not argue that I find most interesting. Autodesk seems to have made a strategic decision to not challenge the basic assertion that they are using the DMCA to enforce a contract. They do make a weak argument that the DMCA applies in this case by charging that Vernor's actions amount to contribut ...