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eBay Seller Sues Autodesk for $10 Million
Miasik.Net writes "A lawsuit has been filed in Federal Court (US District Court for the Western Washington District C07-1189 JLR) that alleges Autodesk, Inc maker of the industry standard AutoCAD software and their attorney Andrew S. Mackay have devised an illegal scheme to have used copies of their software removed from the eBay site using the Digital Millennium Copyright Act. Finally someone decided that non-transferable licenses must be stopped." While proving $10 million in damages might prove difficult, the reasoning behind the case is pretty sound.
So which one is applied by the modern court system? In criminal law one is innocent until proven guilty. In civil law (like this), the scales are even with just a feather on the side of "not liable" (since one can only really be "innocent" of a crime).