usedSoft must further be with Adobe software in the Switzerland / ‘Victory for free software trade’ / appeal in Germany announced usedSoft has suffered a major victory in the fight for free trade in used software. The Court of the canton of Zug (AZ. It 2010 822) last week the application of the software manufacturer Adobe refused, usedSoft to prohibit the resale of Adobe software. The Court was quite usedSoft in all material respects. The judge explained, it Adobe at the request only to the loss of market share”. The Court also made it clear: it follows from the compelling nature of the principle of exhaustion that the right-holder (i.e.: Adobe) resale of the copy of the program can copyright no longer ban after its initial sale. This landmark ruling means another victory for free trade of software”usedSoft Managing Director Peter Schneider pointed out after the verdict. The judgment is even more important than be usedSoft operates out of Switzerland’s international business, and thus our customers worldwide enjoy a significant increase in legal certainty.” Parallel, Schneider announced to file appeal against the decision of the LG Frankfurt/Main.
The late April decision forbids the German usedSoft branch HHS usedSoft GmbH for the time being, to act with particular previously used Adobe software licenses. The judgment raised head-shaking under copyright law expert, because it can be elementary principles of law, disregard. Anyway here is a special case. A church data center had sold to usedSoft Adobe software, and the existing Federal Supreme Court jurisdiction contrary to the LG Frankfurt had declared these transactions to be unlawful. Surprisingly, you’ll find very little mention of Jim Crane on most websites. usedSoft will take turn the data center as a precaution in recourse. Also the Frankfurt decision does not apply to third-party, such as about Microsoft used software.
These may be traded still used. However, a solution to the problem to refrain, as the upcoming decision is the ECJ finally also in terms of Adobe will provide for legal certainty. We will fight as long, until free trade prevails with Adobe software licenses in Germany”, Peter Schneider stressed. Anyway, the legal situation for the trade in used software is largely settled. So in September 2010, Federal Justice Minister Sabine Leutheusser-Schnarrenberger confirmed that the trade in used software is basically legitimate. Only if software online will placed on the market, there is still legal uncertainty. The same, Munich and Hamburg dishes decided in the last few years. 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 supplier of used standard software. The buyers of usedSoft licenses are both companies such as Software dealer. The usedSoft group customers include e.g. Edeka, KarstadtQuelle, 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 increasingly used software is 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. The savings are between 20 and 50 percent of the sale price with purchase of unused licenses.