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(From the press release by the Court of Justice of the European regarding decision no. 94/12, case no. C-128/11)
In 2012, the Court of Justice of the European Union declared trade in used software licenses is permitted in the EU.
The exclusive right of a software manufacturer to distribute a licensed copy of the program is exhausted upon the initial purchase is exhausted. In its decision, the Court of Justice argued that the principle of exhaustion of the distribution rights applies, not only when the copyright holder (software publisher) markets copies of the software on a disk (CD-ROM or DVD), but also when they distribute that software as a download from a website.
The press release no. 94/12 dated 3.7.2012 from the Court of Justice of the European Union clarifies questions regarding case law on used software within the context of this decision
The Procurement Chamber of Münster ruled that the exclusion of used software from tenders violates public procurement law.
The ruling by the Procurement Chamber of the district government of Münster made it clear that used software could no longer be excluded from tenders. A commitment to new Microsoft software is considered a violation of the principle of product neutral tendering.
In the reasoning for the decision, it states that such a restriction is “no longer objectively justifiable.” Used licenses do not deviate from the original licenses, and instead are indistinguishable from the new version.”
The Procurement Chamber of Münster recommends that those purchasing so-called used software obtain proof that the copy of the software has been uninstalled. This can be included in the contract to be concluded as a declaration of exemption – further disclosure of the chain of title is not required and cannot be required.
Press release from the Procurement Chamber of Westphalia, reference no. VK 1-2/16, clarifies questions regarding case law on used software within the context of this decision
In 2013, the German Federal Supreme Court of Justice confirmed the legality of the trade in used software licenses.
One year after the decision by the Court of Justice of the European Union, the German federal Supreme Court of Justice also addressed the legality of the trade in used software licenses – and confirmed the directive of the Court of Justice of the European Union in full.
Press release no. 126/13 dated 18.7.2013 from the German Federal Supreme Court of Justice clarifies questions regarding case law regarding case law on used software within the context of this decision
The German Federal Supreme Court of Justice decides that the decision by the Court of Justice of the European Union also applies in the case of volume license agreements and the splitting thereof.
In its decision, the German Federal Supreme Court of Justice rejected an appeal by Adobe in full. Therefore the following applies: software licenses from volume contracts may be sold individually. The acquisition of individual used licenses from volume licenses is thus legally secure and there is no risk to the buyer of used software.
Press release no. ZR 8/13 from the German Federal Supreme Court of Justice clarifies questions regarding case law regarding case law on used software within the context of this decision
VENDOSOFT is your reliable partner for the purchase and sale of used volume licenses.
We only trade in original products, the supply chain of which has been reviewed by auditing offices on our behalf. The same applies to the deactivation of the licenses by the previous owner.
With your purchase, you will receive all of the necessary documents and confirmations regarding the legally-compliant use of your used software!
We are here to provide all the information you need about used software.
Personal and professional.
Please note that VENDOSOFT only supplies corporate customers, not private individuals!
For a professional consultation by phone, call
+49 8143 996940
