Tag Archives: Public Relations

More on ODA, Autodesk and click-through agreements

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Evan Yares has provided more information on the incident I mentioned in my last post. Here it is:

It was years ago. My guess was that the person who did it was just trying to spider the website pages, for marketing research, and didn’t realize he got all the libraries too.

In any event, I said hey you did this, they said no we didn’t, I produced download logs, they said there was no agreement and even if there was we hereby cancel it, I said if you want to see our libraries I’ll send ’em to you no strings, they said no thanks, then I just let it drop. Of course, I’m paraphrasing.

I wasn’t going to get in a fight with Autodesk. Trying to trick them into joining the ODA would have been both futile and dumb. I’d been trying for years to get them to join (I was an optimist, once upon a time), and it caused no damage for Autodesk to be able to see the ODA libraries. There wasn’t anything in them that they didn’t know better than we did.

Don’t read too much into Autodesk’s belief in the enforceability of click-through agreements based on this incident. I knew the guy who downloaded the files, and knew that he didn’t have the authority to bind Autodesk to an ODA membership agreement (it would have taken at least a VP to do that.)

This is interesting for more than just the amusement factor; it raises a serious point about the enforceability of click-through agreements. In this case it was a web-based membership agreement, but I’m more interested in software license agreements.

In most cases, the person doing a software installation is unlikely to be a Vice President or higher. It’s quite possible that the installer doesn’t even work directly for the company that is supposedly agreeing to whatever terms may be hidden behind the “I Agree” button. In fact, that’s the situation I’m regularly faced with when I install software for a client. The client certainly doesn’t view the “agreement” and may not even know that it exists. The client hasn’t authorised me to negotiate a contract with anyone, only to get some software working. There’s no “meeting of the minds”. The software vendor may think that the client is bound up tight by the terms of the EULA; the client hasn’t agreed to anything and either doesn’t know the EULA exists or doesn’t consider it to have any validity.

Does it matter? Maybe not. It only really matters when one party or the other doesn’t do the right thing. Fortunately, I have honest clients and I’m confident that they will act in an ethical way on an ongoing basis. But will the software vendors do likewise? I don’t know.

Evan Yares, ODA, Autodesk and click-through agreements

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I’ve always found it entertaining when the lawyers of CAD companies do their best to make their clients look like total jerks. The opening shots as presented by Evan Yares in his proposed ODA class-action lawsuit indicate that there is another rich source of recreational reading on its way. I’m sure it’s no fun for the lawyer-paying people involved, though.

You would think that Autodesk would be rubbing its corporate hands together at the prospect of the ODA being distracted like this. Or maybe not, if the bunfight throws up more little gems like this:

Autodesk had at least once gone to the ODA website, agreed to the click-through membership agreement, received their access password via email, downloaded each and every library on the ODA’s website, then denied they did it. (The ensuing conversation about this, between the ODA and Autodesk, was pretty interesting, to say the least.)

If that’s true (and I would welcome evidence from either party) it certainly puts an interesting slant on what Autodesk thinks about the enforceability of click-through agreements.

On a related subject, see the polls on the right. There has been one running for a while about whether you even read such “agreements”, and I’ve added two more. They ask if you feel morally and legally bound by the terms that lie under that “let me get on with the installation” button.

I like Bill Gates a little more now

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I recently enjoyed reading what appears to be a genuine and not at all atypical internal Microsoft email from Bill Gates. I always enjoy seeing an honest opinion expressed in a way that cuts through the glossy corporate PR image, and this one certainly does that. Actually, it reminds me of the sort of thing I write in MyFeedback when evaluating pre-release versions of AutoCAD. It’s honest, it’s negative or even cutting where it needs to be, it represents a real user’s viewpoint, and most of all, it’s useful.

I don’t think this sort of exposure does any harm at all to a company. It’s unlikely to change anybody’s opinion. Microsoft haters will still hate Microsoft, fanboys will still be fanboys. People like me who sit in the middle somewhere are likely to admire the honest self-evaluation shown here. Here’s the Big Cheese looking at things like a user. Great! I’m sure the spin merchants wince when something like this makes it into public view, but that can only be a good thing, right?

I’d like to think Carl Bass fires off this sort of email within Autodesk from time to time. If such a thing went public, would it hurt Autodesk? Absolutely not. Autodesk haters will still hate, fanboys will still, er, fan, but there will be no lasting measurable effect on Autodesk. I bet a lot of real world users would like Carl Bass a little more, though. Frustrated users would probably like him a lot more.