Warning of FPS for Microsoft for distribution of counterfeit software Product … – anwalt.de

In the past, the Frankfurt office FPS many warnings on behalf of Microsoft Corp. for violation of trademark and copyright. The accusation is in many cases, the sale of allegedly fake license keys.

Often called Product Keys on the trading platform eBay offered and allow each buyer the activation of various Microsoft products. This affects both test and full versions. Since it is in the product key rule to “used” software and Microsoft assumes to have a monopoly on the distribution of its software providers are often cited for such license keys.

Is the sale of used software inadmissible

the fundamental legality of the sale of used software licenses is likely to decisions of the BGH (BGH, judgment of July 17, 2013 – I ZR 129/08 – UsedSoft II; BGH, judgment of 11.12.2014 – I ZR 8/13) and ECJ (European Court, judgment of 3.7.2012, Az C-128/11) now largely. are fixed.

Everything is crucial in cases of allegation of unlawful distribution of used software licenses, the issue of exhaustion. This is in § 69 c no. 3 UrhG regulated. Exhaustion is therefore deemed to occur if the software has been put into circulation with the consent of the copyright holder. Offering licenses that were only ever in use and were legally acquired by the first acquirer, is therefore basically not objectionable.

Who bears the burden of proof?

in the previously known disputes between Microsoft and a supplier of used software was always arguing about who bears the burden of proving that the respective software has been placed on the market with the consent of Microsoft, therefore exhaustion has occurred.

So there is a general risk in the event of a warning by FPS that the Abgemahnt is demanded to disclose the entire supply chain, software offered by it and to prove that it is “legal” brought to the market licenses are. Especially with licenses, which are brought from China to the EEA, this evidence would be difficult

Our recommendation:.

You will be in the case of receipt a warning of FPS on behalf of Microsoft Corp. necessarily appoint a lawyer. The very high values ​​in dispute can trigger enormous costs if the dispute is once judicial proceedings pending.

Enter no means rushed from a cease and desist or pay rashly demanded by the Abmahnkanzlei costs.

Also avoid trying to contact the Abmahnkanzlei and to resolve the matter personally. Contact us, you describe your specific facts and seek advice on the next steps of your defense then by us. About clarify potential risks and expected costs, we also on

advantages we offer:.

– Nationwide operates
with warnings – No appointment required onsite
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Please contact us and take advantage of our extensive experience in dealing with Abmahnkanzleien

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