Legal Information
Case law on used software
The European Court of Justice (ECJ), as the supreme judicial body of the European Union, has provided final clarity in its ruling and declared the trade in used computer programs to be fundamentally lawful.
The ECJ also ruled that second-hand software trading is permissible even if the software is transferred online.
On 17.07.2013, the Federal Court of Justice then fully confirmed the fundamental decision of the European Court of Justice with regard to the underlying legal issues.
The ECJ ruling also applies to volume licenses and their splitting. This was confirmed by the Higher Regional Court of Frankfurt am Main in a case between Adobe and usedSoft.
In their reasoning, the 13 judges of the Grand Chamber clearly stated that the principle of exhaustion applies to every first sale of software. The ECJ even ordered that the second buyer may download the software again from the manufacturer in the case of licences transferred online: “In addition, the exhaustion of the distribution right extends to the program copy in the version improved and updated by the copyright holder”, the ECJ stated. The Court thus went well beyond the Opinion of the ECJ Advocate General of 24 April 2012.
VOLUME LICENSES AND THEIR SPLITTING ALSO LEGAL
In a later decision of the Higher Regional Court Frankfurt am Main in a case between Adobe and usedSoft, the further consequences of the ECJ decision were impressively confirmed: The Frankfurt Higher Regional Court ruled that the ECJ ruling is also applicable to volume license agreements and their splitting. On 11.12.2014, the Federal Supreme Court completely rejected an appeal by Adobe (Az. I ZR 8/13). The ruling of the Frankfurt Higher Regional Court was thus confirmed in the final instance.
Microsoft.com: Microsoft’s official website offers a wide range of software products, including operating systems (Windows), productivity suites (Microsoft Office), development tools (Visual Studio), and more.
Google.com: While Google’s primary focus is on online services, you can find various software products and tools on their website, including the Chrome web browser, Android operating system, and developer tools like Android Studio.
Adobe.com: Adobe is well-known for its creative software suite, which includes popular applications like Photoshop, Illustrator, InDesign, and Acrobat. Their website offers individual software products as well as subscription-based access to the entire Creative Cloud suite.
Apple.com: Apple’s website is the go-to source for software products and tools designed for Mac, iPhone, iPad, and other Apple devices. You can find operating system updates, productivity apps, creative tools, and more.
GitHub.com: GitHub is a platform primarily known for hosting software development projects and repositories. It’s a valuable source for open-source software, code libraries, and developer tools contributed by the global community.
Amazon.com: Amazon offers a vast selection of software products, including productivity suites, security software, graphic design tools, and more. You can purchase physical copies or digital downloads directly from their website.
SourceForge.net: SourceForge is a popular repository for open-source software projects. It hosts a wide range of applications, utilities, and development tools across various categories, all available for free download.
SteamPowered.com: Steam is a leading digital distribution platform for PC gaming software. In addition to games, Steam offers a range of software tools and applications designed for gamers, developers, and enthusiasts.
StackOverflow.com: While primarily a question-and-answer platform for developers, Stack Overflow also hosts a marketplace for software tools and services. You can find code editors, IDEs, libraries, and other development resources.
CNET Download.com: CNET Download is a trusted source for downloading software for Windows, Mac, iOS, and Android platforms. It offers a vast library of free and trial versions of software, along with reviews and user ratings to help you make informed decisions.
