“Stay me just to get away with your CDs!” I had recently listening to the IT manager of a midsize company to me. “Is that even legal? Because of copyrights?” Asked a buyers some time ago. “The refuse us then but support and software updates!” It said elsewhere. Such statements are by no means isolated cases, on the contrary: As before I encounter in everyday professional life very often ignorance and prejudice when it comes to used software.
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The legal situation is now clear: the trade and the use of software licenses from second hand are absolutely legal. It is basically irrelevant whether it is a physical disk or a download, or whether the individual license comes from a larger package. Occasionally to-find clauses in software contracts prohibiting resale of the software, are ineffective. All this has been the Supreme Court (2014) and the European Court of Justice (2012) made clear in no uncertain terms. The software manufacturers have their years of legal defensive struggle definitively lost and now also abandoned
last cartridge fired
The copyright namely includes the crucial principle of exhaustion:. This means that the manufacturer’s facility, on the further distribution of its software to influence at the moment exhausted / has lost, in which he gives them on the market, so as a rule to a software vendor or sold directly to the end customers.
This significant clarifications legal set the software vendors a lot of pressure. Having fired their last bullet on the legal level, try the secondary market with targeted disinformation campaigns and the development of Drohkulissen on growth to prevent.
Even so, the market is still in its infancy. The potential in Germany I guess at about EUR 380 million, the current market volume however stands at around 18 million euros. By comparison, the industry association BITKOM estimates that software almost 20 billion euros was traded in the past year in Germany
But These figures show that the situation for the software vendor is far from life threatening.. The used software trading is more comparable to a few crumbs that fall from the table on which sits the big cake.
This market niche, in which the used software traders are active, the software manufacturers have created in the end even
An example:. If a company today Windows wants 8 have instead of the previous version, for technical reasons, it must first buy the very latest version of the program for a lot of money and then downgrade the software. A similar situation arises in the highly popular office suites. Savings of up to 70 percent are a powerful selling point. Used Software Dealers also take advantage of the older versions usually in cash.
Royalty transfer is complex
The most important advantage of second-hand goods, however, is also the simplest: the case of software, there are, as opposed to capital goods no wear. All services that were included in the original license, retain even if you change the owner to be valid. Also used programs remain so to date and secure through automatic updates or patches
However, some points are for those interested to consider:. The use of an established and reputable provider, for example, be identified by the new TÜV certificate, it is important to recommend. The management of licenses and their transfer is a complex process that requires a certain expertise. Another reason why the use of a competent trader is recommended. Online exchanges, however, are more than interesting for quick price comparisons or very unknown niche products. (BW)
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