A used software license is basically free for sale.
Used software is freely available for sale in the European Union. This also applies to Switzerland. Already Art. 12 II of the Swiss Federal Law on
Copyright and Related Rights (URG) states that with the consent of the author to the first sale of a software also a consent to
resale of the used software. With a similar tenor, the Cantonal Court of Zug ruled on 4 May 2011 against the software company
Adobe decided (Cantonal Court Ref. ES 2012, 822). In legal doctrine, this legal interpretation is also undisputed. As an example Prof. Dr. Cyrill explains
Rigamonti from the University of Bern in an article in a professional journal, that the trade with used software is compatible with the Swiss copyright law. (GRUR Int. 2009,14ff.)
The object of purchase is the right to use the software. Legally it is a legal purchase.
Here there are no compromises to the initial purchase. Also the buyer of used software licenses is entitled to all services in connection with the software.
No, no proof is necessary. The free tradability of these licenses after the first sale makes further sales possible without any proof.
However, serious sellers like us show the corresponding supply chain without any gaps. The background is that legal purchases are only effective if
the corresponding rights sold actually exist. With a purchase with us you will not experience any "bad" surprises, but acquire existing
Rights to the used software licenses effective with proven supply chain.
Yes, it is legally permissible to resell parts of, for example, Microsoft volume license agreements used and individually. The prevailing legal opinion
sees no legal problems in this. In its ruling of April 4, 2008 on Case No. 30 O 8684/07, the Munich Regional Court decided that the following conditions apply to resale
of individual used Microsoft software licenses from a volume license agreement, no further approval from Microsoft was necessary. The regional court acknowledged
the parts of a volume license with a master CD legally as true single licenses, and not just as reproduction rights as Microsoft had presented it.
This means that the ruling of the Munich Regional Court is in line with a ruling of the Hamburg Regional Court, which in principle had already ruled in 2006 that used
had declared software licenses from volume agreements to be lawful (LG Hamburg Az. 315 O 343/06) The starting point for this decision is the date of
Exhaustion under copyright law, which the LG Hamburg considers to have already occurred with the first sale of the volume license. It is also crucial that Microsoft
this copyright exhaustion as a mandatory right cannot be waived by corresponding contractual terms. For volume licenses from Oracle
the European Court of Justice, on the other hand, issued a ban on splitting volume licences.
No, there is no legal obligation to do so. If the seller or manufacturer stipulates otherwise, these are not legally binding due to
of the exhaustion of the right of disposal under copyright law is ineffective and do not have any binding legal effect.
No, no further consent for resale is required. With the first sale the power of disposal over the software for the author is exhausted,
so that he may not impose any further conditions on the resale. Appropriate contractual conditions, for example in the General Terms and Conditions
(AGB) of the author are legally ineffective, they have no legal effect.