In the case of the sale of Used Software usually only the licenses veräußer …
Used Software: The software giant fight bitterly
If you no longer need something that cost a lot of money, sometimes you can still find someone who wants to have it – a classic win -win situation. Based on this principle of the second-hand trade. That one also handles with software licenses to contrast of software giants such as Microsoft, Adobe and Oracle have fought bitterly for years. Two years ago, the European Court of Justice (ECJ) had to decide on the matter after a long legal battle between Oracle and the used software dealer Used Soft. In July 2012, then, the ECJ clearly: The resale of software licenses is allowed
The potential savings for municipalities and businesses. through the purchase of used software is enormous. Some providers is up to 75 percent savings speech. In the current case, the city of Nuremberg, it should have been 30 percent over the purchase of new licenses, so the dealer. In a six-figure sum can be assumed that at least 30,000 euros. Many companies use the licenses from second hand especially when they realize that they are licensed. Do they want their software does not completely switch to a newer version, stick them almost no other choice.
“The software used market offers the public the opportunity to reduce their IT costs significantly “
” The software used market offers the public the opportunity to reduce their IT costs significantly, “said usedSoft CEO Peter Schneider about the Nuremberg bulk order. “In software, there is also that they, in contrast to almost all other products not wear. A license is used for the municipality or authority the same value as a new one. “
After it has been used software to have a judgment of the European Court and the Federal Supreme Court, the use of used software also seems fairly quite sure. Because of the great uncertainty that prevails at the customer, can be found in many second-hand software vendors references to the judgments directly on the homepage. However, it also came in the last two years to litigation. The software giant give not so easily defeated and try on new argument paths.
The background of Used Software
The business model of Used software dealer essentially consists in that their companies are no longer required software licenses resell. The legal problem ergiebt the fact that the software not change hands in the form of disks, but only the licenses. The result is a copyrighted Problem: If you buy a software receives from the rights holder a license to use the software may. Normally this license includes the installing, executing, and possibly backing up the software, but neither the sublicensing or resale.
But where is the difference to used music CDs? For this you have to look at the so-called principle of exhaustion. He states that an author may not prohibit the resale of his work, if it has been brought within the European Economic Area in traffic. The problem: The exhaustion principle is not regulated by the copyright uniform. Therefore it was only recognized to the ECJ decision in matters usedSoft that the principle of exhaustion applies to physical works – for example CDs and DVDs. Whether he also works on incorporeal as downloads or bare licenses is applicable, was extremely controversial.
A case where stood this question, the dispute between Oracle and Used Soft was. The used software dealer had used Oracle licenses offered (without accompanying disks) for sale. With the purchase of Used Soft represented a notarial confirmation ready, which should certify that the original buyer rightful owner of the licenses was, they no longer use and have the purchase price paid in full. The dispute went through the courts to the Supreme Court, the ECJ submitted, inter alia, the question in 2011 whether the exhaustion principle is also applicable in this situation.
Legally, the trade moved with used software still on Thin Ice
Despite the decision of the ECJ that the resale disused licenses is permitted, many questions are still not released. Already about half a year after the Court’s decision, the Higher Regional Court of Frankfurt has, for example, the reignited debate whether the splitting of volume licenses is recognized by the exhaustion principle. And also in other digital goods, the situation is far from clear how the decision of the LG Bielefeld May 2013 shows what the resale of download songs may be prohibited by contract. However, many of the judgments can not be generalized. Bargain hunters should be careful and well informed
Play it safe.
- First, you should look for a reputable dealer. An important point here is about that the sensitive topic volume license agreements, manufacturers are brought on board.
- In any case, the manufacturer should be contacted if the dealer is not done anyway. With the software producers questions can be addressed to support. You also have a say, according to the court judgments. With an acknowledgment of the software company that already used licenses may be transferred, you are on the safe side.
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