The Channel logo

News

By | Jan Libbenga 7th August 2006 13:52

Court stops resale of software licenses in Germany

Oracle wins infringement suit

A German court has upheld a decision by a lower court in Munich which banned the resale of used software licenses.

The Appellate Court of Munich ruled last week that the sale of used software licenses to third parties in Germany is illegal, at least in the case of software from Oracle.

Oracle had sued usedSoft GmbH, a Munich company that transferred software license rights to third parties. The software giant said it was very pleased with the ruling.

In 2000, a German Federal Supreme Court decided that a manufacturer's "first sale" of a license for software on tangible media (such as a CD ROM or DVD) subsequently limits the manufacturer's right to restrict the resale of the media with the software under certain preconditions. That prompted a thriving business of used software licenses, which were often used to create new copies via illegal downloads.

Now, a legal basis for this business model no longer exists, Oracle says. Although usedSoft has posted the ruling on its website, it hasn't made clear if it is going to appeal. ®

alert Send corrections

Opinion

Alexandre Mesguich

Change is order of day as tech giants shift strategy gears
Partnership

Frank Jennings

Confused? No problem, we have 5, no 6, no 7... lots of standards

Chris Mellor

VC sequence could end not with a bang, but a whimper
Sad man stares glumly over boxed contents of desk. Image via shutterstock (Baranq)

Features

Roll up, roll up, get your exclusive market insights
Wile E. Coyote goes over the edge again
money trap conceptual illustration
Big boys snare the unwary with too-good-to-be-true deals
Angus Highland cow
Pet carriers not wanted for whitebox stampede