Second Hand at software – there’s that ever and is this legal? But yes. Some Fallstrickeaber should be avoided and to rogue providers make a bow.
The IT business world is full of surprises, the white Harry Voortman. Above all, he appreciates it. “Ten years ago I did not even know what software is used,” says the 62-year-old, laughing. And today? Today he makes so million sales. Voortman is CEO of ReLicense AG, a trading company for used software in Upper Bavaria Wörthsee.
Together with three colleagues from the IT industry, he founded the firm of 2008. 16 employees now earn their money by licenses for computer programs to buy and resell. Looking companies or organizations with at least 1,000 PC workstations that gladly loshätten their software – because they change over to a new version or because they have bought more licenses than they actually needed, and these are now unused. But they are looking for new customers.
Among the interested parties are companies, but also associations or authorities who want to increase their existing software assets and of course those who are simply attracted by the low prices. Because the cost of used software can to be up to 70 percent below the original price.
Microsoft has always ensured that the user is not the could press royalties. Here a protest from the 1990s to Windows 95.
(Photo: Bob Strong / AFP )
Relevant judgment
that is not in the interests of the software producer, is obvious, at risk such trading but its main revenue: royalties. Again and again they have therefore challenged the resale of their licenses, and in fact, the trade moved for years in a legal gray area. Until 3 July 2012. Since the European Court of Justice issued an authoritative judgment: Software licenses may be sold in general, the producers a resale can not oppose by a customer. Even more: This is true not only for recovery CD, but also for software that has been downloaded from the manufacturer’s website. In trading circles was then palmed presumably, more swearing in producer circles.
the procedure
In business changes constantly, the demand for software – because employees go or added to because the operating systems to be renewed because a merger pending or divisions to be abandoned. So software licenses may be required superfluous or additionally. Who wants to sell old or new versions of standard software, such as Microsoft, or parts of larger volume license agreements, can contact an appropriate dealer and sell the rights to use. The dealer usually requires a proof that the license has been purchased properly, about the license agreement, the original invoice, the delivery note and a legally purchased or manufactured copy of the volume or a USB stick with the software. Sold licenses may of course not be used by the seller or need to be uninstalled. Often Used dealers have fixed prices or rates, sometimes the selling price is negotiable. The same applies to the purchase of used software. Most leading traders on their websites on which software they have on offer and at what prices, or even looking. Of course all this does not apply to rental software, this is and remains the property of the lessor respectively manufacturer.
the decision of the judges in Luxembourg is the last instance and therefore not subject to appeal. And it resulted in many new items on the marketplace with used software. The number of such traders had doubled after June 2012, says Axel Oppermann, CEO of Avispador, a consulting firm in Kassel, who observed the IT market and in particular the used software industry for years.
Some would by gewittert the judgment opportunities and his own business in the segment. Now, in the fourth year after the judgment, the situation consolidated. Oppermann estimates the number of reputable supplier to a dozen, the other, the “semi-professional”, as he calls them, have now mostly abandoned.
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