21. December 2012

Seasons Greeting for Used Licenses

Usedsoft resale practice for Adobe sanctioned by Regional Court verdict
German courts extend the European Court verdict

Used software may claim a new victory: German OLG in Frankfurt clarifies in the latest verdict of used software reseller Usedsoft vs. Adobe that the European Court ruling remains valid for volume licensing as well. Reselling used licenses previously bought via a volume license agreement means no unauthorized split as defined by Curia.

The judges rejected the vendor’s argument that Usedsoft should not have resold the licenses because they belonged to an ‚Edu‘-procurement exclusive to the educational sector under reduced pricing. The judges also cleaned up the vendors‘ notorious reasoning, the licenses from such volume agreement constitutes only one license being authorized by only one serial number. „This would not re-define the true number of actual licenses.“

What does it mean for you?

Companies in Europe gain more legal certainty with this verdict for selling excess licenses  bought within volume licensing agreements. Calling off several licenses authorized by one serial number that vendors have used to manifest a ‚packaged‘ deal, are not subject to the split-up argument if each license can be installed single. License managers may check now if the enterprise is holding surplus licenses bought within such agreements. They can then resell the same, regardless if they have been acquired on a data media of via download.

(Source: German High Court)


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