Rechtsgrundlage Software Lizenzen

Legal situation for used software

On this page you can find out more about the legal situation regarding the purchase or sale of used software. If you are still unsure or have further questions, do not hesitate to contact us personally or by email! We look forward to advising you!

Buying and selling used software is legal!

The European Court of Justice ruled as follows on July 3, 2012 (judgment in case C-128/11):

“A software producer cannot oppose the resale of its “used” licenses, which enable the use of its programs downloaded from the Internet, (…) even if the license agreement prohibits subsequent sale.”

This judgment liberalizes the market for used software, including those downloaded from the Internet, such as B. Microsoft volume licenses, licenses from Adobe or others. Previously, this was only possible for so-called box products. This is software in physical form, such as a disc, as these products are subject to the “exhaustion principle”. This states that after the sale for the manufacturer of a product, the right to prohibit resale expires.

Until the judgment cited above, this principle did not apply to software that is transmitted via download. Copyright in all European countries is usually several hundred years old, so it was not up to date here. The European Court of Justice has correctly recognized that the software remains the same, whether as a download or as a physical product in the form of a disc. What is important, however, is that the license is permanent, unlimited in time. The judgment of the European Court of Justice has legitimized the sale of software licenses downloaded from the Internet and closed an important loophole in the law.

Legal information – used software legally secure

Used software for businesses

Used software, as offered by Software ReUse, is legally exhausted software. After the used software has been checked and the licenses have been transferred in accordance with the law, we may offer the software for download and you as the buyer have the same rights as with new software. This saves you up to 75% off the original price when you buy it.

We buy the licenses we offer from other companies that either no longer need them or are changing the software. These are often so-called volume licenses. In this licensing model, the software is released for multiple workstations or computers. As a buyer, you don’t make any compromises with the new product when it comes to used software and you are entitled to regular security updates and support. If you are interested, find out more about all the facts about used software.

Evidence of Exhaustion

With Software ReUse, you will receive detailed documentation on the structure of the rights for intended use together with the product key for the exhausted software. We provide you with all the information to prove the exhaustion in case of doubt. This includes information about the previous buyer and whether he made his copy unusable.

We tell you how the software was originally put into circulation, what remuneration the rights holder received for this, to what extent a right of use was granted by the rights holder and whether updates are included. Our used software not only meets the requirements of the European Court of Justice (ruling C-128/11), but also the requirements set by the German Federal Court of Justice.

    Inquiry form – Buy software

    We are looking for the following software licenses: (required)
    Please indicate the VERSIONS for which you would like to get a quotation (e.g. Office 2016 Professional Plus, SQL Server 2017 etc.), and the the required QUANTITY.

    We would like to sell the following licenses: (optionally)
    You have software licenses that are no longer in use? Please indicate the VERSION and QUANTITY.

    Interested in buying or selling used software for your business?

    Reporting on Software ReUse