Case law on dealing
A software vendor cannot oppose the resale of its used licences (…). The exclusive right of distribution of a copy of a computer program (…) is exhausted on its first sale.”
(Judgment of the European Court of Justice of 3 July 2012, Rs. C-128/11.)
Judgment of the European Court of Justice of 3 July 2012, Rs. C-128/11.
European Court of Justice declares trade in used software licences permissible in the EU in 2012.
Accordingly, the exclusive right of a software vendor to distribute a licensed copy of a program is exhausted with the initial purchase. In its judgment, the Court states that the principle of exhaustion of the distribution right applies not only when the copyright holder (vendor) markets the copies of its software on a data medium (CD-ROM or DVD), but also when it distributes them by downloading them from its website.
Questions of case law on used software in the context of this judgment are clarified by press release no. 94/12 of the Court of Justice of the European Union of 3 July 2012
Judgment of the German Federal Court of Justice of 17 July 2013, Rs. I ZR 129/08.
German Federal Court of Justice confirmed the legality of trading in used software licences in 2013.
A year after the ruling of the European Court of Justice, the Federal Court of Justice (BGH) also considered the legality of dealing in used software licences – and confirmed the ECJ ruling in its entirety.
Questions of case law on used software in the context of this judgment are clarified by the press release of the Federal Court of Justice No. 126/13 of 18 July 2013
Judgment of the Münster Public Procurement Chamber of 1 March 2016, file ref. VK 1-2/16.
Münster Public Procurement Chamber ruled that the exclusion of used software from tenders violates public procurement law.
The ruling of the public procurement chamber of the district government of Münster makes it clear that used software may no longer be excluded from tenders. A specification for new Microsoft software is considered a violation of the principle of product-neutral tendering.
The explanatory memorandum states that such a restriction is “no longer objectively justifiable.” Used licences are not licences that differ from the original, but are indistinguishable from the new version.”
The awarding chamber of Münster recommends buyers of so-called used software to obtain proof that the copy has been uninstalled. This can be included in the contract to be entered into by means of an indemnification agreement – no disclosure of the chain of rights beyond this is required and cannot be demanded.
Questions of case law on used software in the context of this judgment are clarified by the press release of the Westfalen Public Procurement Chamber, file ref. VK 1-2/16
BGH judgment of 11 December 2014, ref. I ZR 8/13.
German Federal Court of Justice ruled that the ECJ ruling also applies to volume licensing agreements and their splitting.
In its ruling, the German Federal Court of Justice rejected an appeal by Adobe in its entirety. Thus, software licences from volume contracts may be sold individually. The acquisition of individual used licences from volume licences is thus lawful and does not entail any risks for buyers of used software.
Questions of case law on used software in the context of this judgment are clarified by the press release of the Federal Court of Justice No. ZR 8/13
Legally compliant Microsoft and Adobe licences
VENDOSOFT is your reliable partner when it comes to buying and selling used volume licences.
We only deal in original goods whose supply chain is verified for us by auditing firms, as is the unusability of the licences at the previous owner.
With your purchase, you will receive all necessary documents and confirmations for the legally compliant use of your used software!
OLG judgment of August 2016, ref. 406 HKO 148/16.
Hamburg Higher Regional Court ruled that disclosure of the chain of rights cannot be demanded.
The decision puts paid to the notion that the disclosure of the rights chain – i.e. the previous owner of a licence – is necessary for the legal trade in used software.
Information on the purchase of used software in the context of this ruling is clarified in the press release of the trade magazine it-business.
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We are here to provide all the information you need to sell used software.
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Please note that VENDOSOFT only supplies corporate customers, not private individuals!