http://www.golem.de/news/bgh-urteil-software-aus-volumenlizenzen-darf-einzeln-verkauft-werden-1412-111124.html Published: 11/12/2014 18:39
In the dispute between Adobe and usedSoft the Bundesgerichtshof has rejected a revision , The judges have found here that used software may be sold separately, if it has been acquired as a volume license.
In the years-long dispute between software vendors and companies dealing with used licenses, finally distinguished legal certainty from. On 11 December 2014, the Bundesgerichtshof (BGH) has ruled that volume licenses may be separated. This is evident from a statement by the defendant company usedSoft that has been sent by e-mail together with the judgment of journalists. In the decision of the Supreme Court judgment database is not yet posted.
With the current judgment of a revision of Adobe is rejected, the prior decision of the Higher Regional Court of Frankfurt am Main from 2012 therefore remains valid. The Hessian judge had found that volume licenses are to be regarded not only as a whole when used software.
A dealer who sold these licenses is thus allows for offering them individually within the number of original licenses. Adobe disagreed and had weitergeklagt in litigation with usedSoft. But the dealer referred to a landmark decision of the Supreme Court, which in turn is based on a judgment of the European Court of Justice (ECJ).
No exception to the ECJ judgment
The European judges had previously agreed in principle to the trade with used software, but the question of volume licensing was still in dispute. For the software vendor is particularly tricky because it often only a single product key to activate many installations will be provided. Adobe relied on an exception to the Court’s decision, which prohibits a splitting of licenses for client-server applications. This saw the Federal High Court in the case of Adobe and usedSoft but not as a given.
Not only for Adobe likely to have far-reaching consequences, the judgment, for volume licenses that are usually awarded to companies that are common in other manufacturers such as Microsoft. (Never)
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