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 the resale of the used software is to be seen. With a similar tenor, the Cantonal Court
of Zug ruled against the software company Adobe in its judgment of 4 May 2011 (Cantonal Court Case No. ES 2012, 822). In legal doctrine, this legal interpretation is also undisputed.
Prof. Dr. Cyrill Rigamonti of the University of Bern explains exemplarily 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 purchase of rights.
Here, there are no reductions to the initial purchase. Also the buyer of used software licences 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 proofs. 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 from us, you will not experience any "bad" surprises, but acquire existing rights to the used software licenses effectively with a 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.
For example, in its ruling of April 4, 2008 on case no. 30 O 8684/07, the Regional Court of Munich decided that no further consent from Microsoft was required for the resale of individual
used Microsoft software licenses from a volume license agreement. The Regional Court legally recognized the parts of a volume license with a master CD as genuine individual licenses,
and not only as reproduction rights as Microsoft had presented it. This means that the ruling of the Munich Regional Court is in line with a ruling by the Hamburg Regional Court,
which had in principle already declared the sale of used software licences from volume agreements to be lawful in 2006 (LG Hamburg Az. 315 O 343/06). The starting point of this
decision is the point in time of the copyright exhaustion which the LG Hamburg considers to have already occurred with the first sale of the volume license. It is also decisive
in this context that Microsoft, as a mandatory law, is not able to prevent this copyright exhaustion by corresponding contractual conditions. In the case of volume licenses from Oracle,
on the other hand, the European Court of Justice has issued a ban on splitting volume licenses.
No, there is no legal obligation to do so. If the seller or manufacturer stipulates otherwise,
these are invalid due to the exhaustion of the right of disposal under copyright law and have no binding legal effect.
No, no further consent is necessary for resale. With the first sale, the power of disposal over the software is exhausted for the author, so that he is not allowed to set any further
conditions for resale. Corresponding contractual conditions, for example in the General Terms and Conditions (AGB) of the author are legally ineffective, they have no legal effect.