Awaits ruling on the legality of the software-‘Second-hand trade’: German Federal Supreme Court negotiated on 30 September 2010 in the ‘Oracle ‘-process / decision is made early October In the Oracle procedure, the German Federal Supreme Court (BGH) has set the date for the oral proceedings. The Supreme Court will negotiate on September 30, 2010, in the last instance on the question of whether usedSoft also then may resell Oracle software, when it was brought online in traffic. The decision will be according to experience a few days later in the first half of October. We look forward to the BGH decision with confidence”, said usedSoft CEO Thomas Huth. “The used software’-trade needs reliable framework conditions, and I have no doubt that the Federal Supreme Court again will give priority to free competition.” Leading experts in copyright law expect a clear decision in favour of free trade in used by the BGH”software, probably through the Oracle case also will go. The Supreme Court has repeatedly taken decisions in recent years that support this belief.
“Last but not least the Supreme Court had already decided in principle in the year 2000 that the copyright exhaustion of the legal basis of the software second-hand trade” not by license terms of the software manufacturer be restricted can (OEM ruling”). In anticipation of a defeat before the Federal Supreme Court, the American software producer in the meantime, uncertainty try to stir up. To do this, a handful of injunctions were obtained in the few remaining legal grey areas. In these niches, which plays used software “business although not off. Reached decisions is the used software tried but, “to discredit the trade as a whole and the market pioneer usedSoft previously by the market to push.
So, the OLG Frankfurt of these days has as expected confirmed the injunction Adobe method. This is however exclusively to so-called edu “licenses of Adobe, and that only in a very specific case. The decision is also not yet final and is now in the main proceedings, which will take up to a year. Principle is that the legal situation for the trade with used “software largely resolved. So, the former Federal Minister of Justice Brigitte Zypries has the trade with used in spring 2009″software basically declared legally. Only if software online will placed on the market, there are legal uncertainties. The same, Munich and Hamburg dishes decided in the last few years. HP Enterprise Services has much to offer in this field. So about the LG Munich ruled in April 2008 that the sale or the sale of individual Microsoft software licenses, which were previously submitted in the context of volume license agreements is possible without approval from Microsoft in principle effectively.” UsedSoft usedSoft was founded in 2003 and is a leading European provider of transport already in more appropriate Standard software. The buyers of usedSoft licenses are both companies such as software vendors. The usedSoft group customers include e.g. Edeka, KarstadtQuelle, Kaufland, Neckermann, REWE, the law firm Holme Roberts & Owen, as well as a leading Club in the Football League and various savings banks. Also in German authorities installed software is increasingly already in transport used: in addition to the city of Munich, the Federal Social Court in Kassel, the municipality Bad Salzuflen and the data centre Baden-Wurttemberg over 100 more communities put on usedSoft licenses.