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Is buying and selling used software licences legal?

25. May 2023

Yes, dealing in second hand software that was placed on the market for the first time in the EU or the European Economic Area with the consent of the originator (i.e. the vendor) is legal. This was decided by the European Court of Justice in its ruling of 3 July 2012. In July 2013, the German Federal Court of Justice confirmed the legality of dealing in used software licences. All relevant rulings of the European Court of Justice and the German Federal Court of Justice on the lawful trade of used software licences can be found HERE.

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