The increased sharing of electronic CAD data (ala BIM) holds a lot of promise, but it also exposes companies and individuals to additional liability and risk. This additional risk is coming into focus more and more as actual cases of costly legal battles confront engineers and architects.

The June 2008 AUGI wishlist results contain "Design File Locking" as the top wish by a substantial margin, and Shaan Hurley lists it as number 3 in the AU 2008 AutoCAD wish list. Clearly, interest in file and IP security has been growing steadily.

As demand for IP security grows, there are sure to be snake oil security vendors trying to cash in on it. I received a spam email a few days ago from SafeNet, Inc. promising "a cost-effective and easy to integrate solution that provides reliable and effective security through the use of digital signatures." Whenever I see such statements with a long string of buzzwords, my snake oil alarm goes on alert. Digital signatures are for authentication and establishing trust -- they cannot and do not provide "reliable and effective security", although I suppose they could be used by a system that does.

In the last year or two, a number of companies have claimed to market software that "secures" AutoCAD DWG files. When I see such a claim, it invariably refers to software that creates an anonymous unequally scaled MINSERT entity. These can be created or "exploded" with a few lines of AutoLISP code. Frequently these companies claim to "encrypt" the drawing, which may sound sexy, but is an outright lie. If this is a level of "security" that meets your needs, at least use one of the many free versions posted throughout the internet (DETER.VLX from DotSoft is one I know of).

There are solutions, but they always require changes in the workflow process that involve difficult tradeoffs and careful evaluation of what is technically feasible and practical versus the costs of implementing the changes. There is no such thing as installing a single piece of software to instantly solve the problem. If you are looking for ways to protect intellectual property in your drawing files, don't be fooled by snake oil security vendors.

Disclaimer: One of my hats is the president of CADLock, Inc., makers of CADVault for AutoCAD.

Labels: AU 2008, CADLock, CADVault, digital signature, encryption, legal, security

The title sums up the puzzling conclusion in a recent 6th Circuit Court of Appeals ruling (CA6 Grusenmeyer Decision.pdf) in a decision about a copyright infringement claim filed by Cleveland architect Jeffrey Grusenmeyer.

Grusenmeyer had contracted to provide a "master plan" for Magnificat High School. The master plan was provided to Magnificat in hardcopy format, Magnificat paid the architect $15,000 as agreed in the contract, and the project was apparently concluded. Some time later, a Magnificat facility manager requested DWG files for "personal use". Grusenmeyer asserted at the time that he retained all rights to the DWG files but agreed to provide them on the condition they only be used internally and not be further distributed.

Fast forward to the eventual "request for proposal" for an anticipated new building at the school. Upon request, Magnificat provided the Grusenmeyer files to the defendants (a competing architectural firm), who then used portions of the files in their winning proposal. The defendants were aware that Grusenmeyer claimed copyrights to the files, but they used the files anyway. The appeals court notes that "[a]ccording to the individual DSC architects, such reliance on drawings of existing conditions is routine in the industry."

In affirming the district court's summary judgement in favor of the defendants, the appeals court noted that the contract between Grusenmeyer and his client (Magificat High School) provided that Grusenmeyer would "provide a master plan for the implementation of the capital improvements program, including plans, renderings, and perspectives suitable for use in presentation and future reference during master plan implementation." They concluded that this "plain language" gave Magnificat permission to send the AutoCAD DWG files to Grusenmeyer's competitor.

The district court had previously ruled that Grusenmeyer's drawings were not sufficiently original to warrant copyright protection, but the appeals court did not address the copyrightability issue at all, dismissing the infringement claim out of hand with their opinion that Grusenmeyer had already given Magnificat carte blanche copyrights to the files vis a vis the quoted clause in their contract -- even though the files were never provided as part of the contract!

I think the court erred in determining that the DWG files were subject to the terms of the master plan contract (its incorrect interpretation of the contract notwithstanding), but what I find really surprising in the ruling is the appellate court's complete disregard of the plaintiff's claimed and federally registered copyrights.

The moral of the story
If you are providing electronic files, don't rely on copyright law alone to protect your intellectual property. This case reinforces the 3 C's for protecting AutoCAD DWG files: copyright, contract, and CADLock.

Update
William Patry (Senior Copyright Counsel, Google Inc.) writes about this case at The Patry Copyright Blog: Make Sure the Contract is Signed.

Labels: AutoCAD, CADVault, legal, protection

If you were at AU this year, you may have seen some of my take5 and AUGI friends wearing blue T-shirts with this tag line on the back. This year my CADLock compatriots (Dietmar Rudolph of Germany and Steve Johnson of Australia) were both at AU, so we decided to have a little fun with this protection theme. We brought some "protection" to go along with the shirts (no, those little matchbooks did not contain matches).

Now that you're back home, I hope you'll take a few minutes to learn how to protect your AutoCAD drawings. You can download CADVault for AutoCAD from the CADLock web site and run it in fully functional evaluation mode to see for yourself how CADVault can securely lock your AutoCAD drawing content.

Help fight IP theft: practice safe CAD!

Labels: CADVault, protection