Are our licenses legally compliant?

Thanks to the judgment issued by the Court of Justice on July 3, 2012, (c-128/11) which legitimized the sale of refurbished software, we can now offer substantial savings to our customers and our services as a reliable provider. Within the framework of current legislation, we work hard to source and test software from companies all across Europe to offer genuine Microsoft licenses which are fully compliant with Microsoft terms and applicable EU Software Directives.

Judgment of 2012:
- "ECJ, judgment of 3.7.2012, Case C-128/11"

Software producers cannot defend themselves against the resale of used software. The exclusive right to distribute the program copy is exhausted with the first sale. In this judgment, the Court states that the principle of exhaustion of the right to distribution applies not only when software copies are sold on data carriers but also when they are distributed by downloading from the company's website.

Judgment of 2016:
- "Judgment of the Münster Public Procurement Chamber of 01.03.2016, Ref. VK 1-2/16"

The exclusion of already used software from the tenders violates public procurement law. The Public Procurement Chamber of the Government of Münster thus clarified that used software can no longer be excluded from tenders. The commitment to new software from Microsoft violates the principle of neutrality in the tendering process. Such a restriction could no longer be objectively justified. Used licences are not deviations from the original. On the contrary, they cannot be distinguished from the original version. VK Münster recommends that purchasers of used software obtain a certificate certifying that the copy has been uninstalled. This could be agreed upon in the contract by a so-called exemption agreement. A further marking of the rights chain is not necessary and cannot be claimed.

Judgment of 2013:
- "Judgment of the Federal Court of Justice of 17.7.2013, Case I ZR 129/08"

With its decision of 2013, the BGH confirmed that the trade with used software licenses is lawful. About one year after the European Court of Justice, the BGH also dealt with the legal situation of the trade with used software licenses. It confirmed the decision of the ECJ in its entirety.

Judgment of 2014:
- "Federal Court of Justice (BGH), judgement of 11.12.2014, file number I ZR 8/13"

The Federal Court of Justice (BGH) ruled that the ECJ's ruling is also relevant for volume license agreements and their splitting. With this ruling, the BGH rejected Adobe's appeal in its entirety. Therefore, it now applies that software licenses from volume license agreements may be sold individually. The purchase of individual used licenses from volume licenses is thus legally secure and is in no way risky for the buyers of used software.

Judgment of 2016:
- "OLG, judgment of August 2016, ref. 406 HKO 148/16"

The Higher Regional Court of Hamburg has decided that no disclosure of the rights chain can be demanded. With this decision, the Higher Regional Court prevents the statement that the disclosure of the rights chain, i.e. the previous owner of a license, is necessary for the trade with used software.