SALE AND PURCHASE USED SOFTWARE LICENSES
​ACCORDING TO EU-LEGAL STANDARDS

The Federal Court of Justice (BGH) finally decided in December 2014 that software licenses are subject to the exhaustion principle of copyright law. In the final instance, he upheld a ruling that the European Court of Justice (ECJ) had already reached in 2012: software manufacturers must no longer prohibit the resale of their products insofar as they have been brought into conformity with the contract and the law and with their consent. With the purchase of the license, the second purchaser is the legitimate owner of the used software and may resell it - as well as the included update rights.

YOU WILL RECEIVE ONLY ORIGINAL SOFTWARE WITH SEAMLESS DOCUMENTATION
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Ensuring the security of our products and therefore the security of our customers is the top priority at usedlicense. We trade exclusively in original products and guarantee our customers a seamless chain of ownership for every product purchased from us. Every purchase is checked in advance by an experienced lawyer who is familiar with IT topics to ensure there are no legal issues.

You do not take any legal risks with us

We enter a contract with each customer to fulfil all legal obligations. Together with this contract, you receive seamless documentation of the chain of ownership and the full license version history. 

PREREQUISITES FOR BUYING AND SELLING USED SOFTWARE LICENSES
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Buying and selling used software license has been legal since a 2012 ruling of the European Court of Justice. However, there are some prerequisites:
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  • ​The software license is no longer in use by the previous owner
  • The previous owner has fully uninstalled the software license
  • The software license must originate from a country within the European Economic Area
  • The software license was brought into circulation in the EU legally and based on a valid contract
  • The previous owner has purchased the license legally
  • The vendor has received adequate payment for their product according to the market
  • The software license is valid for an unlimited period
  • For volume licenses, a statement of deletion from the original owner is required
  • The entire chain of ownership can be proven
LEGAL BACKGROUND
The ruling of the European Court of Justice (ECJ) from July 3rd, 2012
​On July 3rd, 2012, the European Court of Justice ruled that in principle, used software can be sold legally. It argued that the exhaustion of distribution rights applies if the manufacturer issues software copies on physical media such as DVDs or CD-ROMs, but also if they are distributed in an intangible form via download from a website along with the purchase of unlimited period usage rights. If used software is updated via the internet, the right to updates also extends to the subsequent acquirer. According to the ECJ ruling, the original acquirer is not allowed o keep any copies of the software in case of a sale. Should the original license contract include a provision to prohibit further transfer, this provision is void, according to the ECJ.
The ruling of the German Federal Court of Justice (BGH) from July 17th. 2013
As expected, the BGH fully confirmed the ECJ ruling form July 3rd, 2012. Therefore, the sale of used software is generally legal (excerpt):
“Re-sale of software copies downloaded from the copyright owner’s website does not require the subsequent acquirer to receive a physical medium containing the “used up” copy of the computer program; it shall suffice if the subsequent acquirer downloads a copy of the program from the copyright owner’s website.”
The BGH ruling from December 11th, 2014
In December of 2014, the BGH ruled that it is permissible to split up volume licenses. This means: If the initial acquirer has purchased a license that allows several users to use the software, the subsequent acquirer can only claim exhaustion of the distribution right for that copy if the initial acquirer has rendered it unusable. However, if the initial acquirer has purchased a license that allows several copies of the software to be used, the subsequent acquirer can claim exhaustion of the distribution right for a number of those copies if the initial acquirer has rendered that number of copies unusable.
The decision of the Münster Procurement Chamber from March 4th, 2016
Here, it was once again confirmed that purchasers have nothing to fear from the manufacturer (Microsoft) regarding the purchase and use of used software. According to the Münster Procurement Chamber, actions for injunction or damages regarding the use of software under second-hand licenses are no longer objectively comprehensible based on the supreme court rulings of the ECJ and BGH. In addition, the BGH elaborated that there was no evidence of financial loss on the part of Microsoft.
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Used licenses do not differ from the original licenses, and used software cannot be discerned from new software. Both the ECJ ruling and the decisions of the BGH are final.
SALE AND PURCHASE USED SOFTWARE LICENSE IS A MATTER OF TRUST​
Above all, our customers, small companies and large corporations, including some
​DAX companies, value our commitment.