Vernor v. Autodesk, Inc.

ORDER

RICHARD A. JONES, District Judge.

I. INTRODUCTION

This matter comes before the court on a motion (Dkt. # 20) from Defendant Auto-desk, Inc. (“Autodesk”) to either dismiss Plaintiff Timothy Vernor’s complaint for failure to state a claim, or to grant summary judgment. For the reasons stated below, the court DENIES the motion.

II. BACKGROUND

Mr. Vernor makes his living selling goods on eBay, the well-known internet auction site. He has two packages of Au-todesk’s copyrighted AutoCAD software, and hopes to sell them on eBay. He brought this action for declaratory relief because Autodesk’s past…