I agree fully with Ralph's interpretation of the selling of a design.
The product of the architect is the design, just as the product of Graphisoft is ArchiCAD. The design is in essence licensed to the client (architect retains copyright). The design can be duplicated with further payment to the architect. The built project does not incur any additional fees to the architect when it changes hands.
The fact that the architect uses ArchiCAD to create the design has nothing to do with the argument. That would get us into a silly discussion of Graphisoft using Microsoft Visual Studio to create ArchiCAD ... has nothing to do with the resale of the software. Or, that a book publisher uses a particular printing machine to produce the book ...or the CD/DVD publisher uses certain machinery to produce their product... which contains copyrighted content, but which can be resold without payment to the author or publisher, or in the case of media, the artists, producers, directors, etc.
Case law does not cover all possibilities, only those cases brought to court, and the law varies by jurisdiction around the world of course, although courts may look to other country's cases for guidance. Pending an appeal, the link that Ralph gave us seems pretty clear.
Yeah, I'd really like to see GS pull this off with the EU. We see how successful Microsoft has been in EU courts.
Cheers,
Karl
One of the forum moderators
AC 28 USA and earlier • macOS Sonoma 14.7.1, MacBook Pro M2 Max 12CPU/30GPU cores, 32GB