Quote:
Originally Posted by Kali Yuga
Well, sort of. 
Vernor wants the court to say that the initial transaction between Autodesk and CTA was a sale, not a license.... |
I didn't read the opinion, but I'd think that the upgrade creates a new contract between the CTA and Autodesk, whereby CTA receives the benefit of a discount on the purchase price of later version of the software, while promising to not use (derive any further benefit from) the old copies of the software in exchange.
BTW, last I looked, click-through rulings are still random, depending on the circuit, so claiming that they are the law of the land since 1996 is not correct.