Since the landmark ruling of the ECJ, the Hamburg district court was to decide in a dispute between SAP and Susensoftware whether the provisions regarding license transfer with the CTC of SAP is in line with European law.
SAP has defined in its terms and conditions, that the resale of its licenses with the express consent is possible. During the recent hearing, LG Hamburg came to the conclusion that the disputed clauses are likely to be classified as illegal.
SAP did not make comments on the ongoing proceedings. By the end of September, the company must submit a written statement. The decision of the Regional Court of Hamburg is expected on the October25, 2013.
In a similar dispute between the software vendor Oracle and the used software dealer Used Soft had a judgment of the Supreme Court Munich Higher Regional Court and remanded to the court. The Oracle license terms prohibit the re-sale of its software licenses. European users of License12 should check for a chronic over-licensing and consider the re-sale via existing channels to recover the burden.