The Asian sales software is prohibited
software not approved for the European market, may not be sold in Europe as well. The seller is thus accused of § 69 c no. 3 to have violated the Copyright Act, by alleged licenses offered in the form of a download link, including license key it.
This case is not an isolated case. For software applies when reselling the principle of exhaustion.
no exhaustion when software was not placed on the European market on the market
This principle is defined in the Copyright Act, and states that the copyright loses his right of distribution as soon as he brought his work for the first time on the market. Translated, this means that the author after he has sold his work, has no influence on the resale of his work. The one who has acquired the work, it may, without the consent of the author resell.
A exhaustion within the meaning of the law, however, only occurs when the original or a copy of the work, with the consent of the rights holder in the territory of the European Union or another State party to the Agreement on the European Economic Area by way of sale, is placed on the market.
exhaustion principle also applies to individual licenses
The exhaustion principle is also applicable to the sale of software (§ 69 c no. 3 sentence 2 of the Copyright Act). This means in practice that the sale is permitted of used software. However, that does permission to resell not have the right to create countless copies and to sell them on. This is also true when it comes to the sale of individual licenses that were issued previously in the context of volume license agreements.
More videos of the current case law from the Internet can be found at Youtube and Wilde flexors Solmecke.
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