Legal Framework
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Legal Framework
At DigitalLicenseStore.com, we are committed to providing our
customers with high-quality, legally sourced software licenses. The
resale of software licenses is supported by several legal decisions at
both European and international levels. These rulings establish the
legality of selling used software licenses, including those distributed
digitally.
1. CJEU Ruling C-128/11 – UsedSoft vs. Oracle (2012
Summary: The Court of Justice of the European Union (CJEU) ruled that the resale of used software licenses is lawful, even if the software was originally distributed digitally. This decision established that the principle of exhaustion applies to software licenses, allowing their resale within the EU.
Official Link: EUR-Lex – Judgment C-128/11
Official Link: EUR-Lex – Judgment C-128/11
2. German Copyright Law (§ 69c No. 3 Sentence 2 UrhG)
Summary: German copyright law permits the resale of software acquired with the rights holder’s consent. This provision aligns with the EU’s stance on the exhaustion of distribution rights, reinforcing the legality of reselling software licenses in Germany.
Official Link: Gesetze im Internet – § 69c UrhG
Official Link: Gesetze im Internet – § 69c UrhG
3. BGH Decision I ZR 244/97 (2000)
Summary: The German Federal Court of Justice (BGH) decided that OEM software can be sold independently of hardware. This ruling clarified that the resale of OEM software licenses is permissible, even when not bundled with the original hardware.
Summary Document: PREDNY SLM – OEM Software and Hardware Binding
Summary Document: PREDNY SLM – OEM Software and Hardware Binding
4. U.S. First Sale Doctrine (§ 109 U.S. Copyright Act)
Summary: Under U.S. law, the First Sale Doctrine allows the resale of legally acquired copyrighted works. This principle limits the rights of copyright holders after the initial sale, enabling the secondary market for software licenses.
Official Link: Cornell Law School – 17 U.S. Code § 109
Official Link: Cornell Law School – 17 U.S. Code § 109
