Focus on used software: Frequently Asked Questions 

Reduce IT costs with used software - the most frequently asked questions 

Cutting IT costs with used software - is it as easy as it sounds? The short answer is: yes. Nevertheless, many managers are still reluctant to approach the subject. There is still a great need for advice. The most frequently asked questions are therefore answered here. 
No company has money to give away. But where can costs be saved? A clever solution is to cut back on software purchases. This is where there is great potential for savings without having to fear a loss of quality - with used software. Many companies and authorities use standard solutions from the US company Microsoft. Here it is worth weighing up whether to purchase used licenses or the latest package. This is because used software is available at much lower prices than new software. 
Users often only need a fraction of the functionalities of office software for their day-to-day work. In most cases, Microsoft Word and Excel are sufficient to perform the tasks at hand. However, these programs have not seen any meaningful improvements for a long time, as they have been practically mature for years. It therefore makes no difference whether the latest version of Word or the 2016 version is used. This also eliminates the need for time-consuming and costly training measures.
FAQ - the most important questions about used software 
But is this cost-cutting measure actually legal? This is one of the most frequently asked questions when it comes to second-hand software. Other "FAQs" in this context are: 
  • What must be considered when purchasing used software? 
  • For whom is used software suitable or not suitable and which software is most frequently purchased second-hand? 
  • Are patches also available for users of used software? 

Here are the answers. 
The basic question of the legality of transferring and trading used software licenses can be answered quickly and clearly: Yes, it is legal to trade and use used software. This has been confirmed several times by the ECJ and BGH. This is based on the principle of exhaustion, which is enshrined in copyright law. It states that the software manufacturer has exhausted his possibilities to influence the further distribution channel at the moment he puts the software into circulation.
What must be considered when purchasing used software? 
However, certain conditions must be met: the used software dealer must prove that the licenses were acquired by the previous owner within the EU as an original license and for unlimited use. They must also provide a guarantee that the previous owner will no longer use the software after the sale. Buyers must therefore ensure that they are presented with the relevant evidence.
For whom is used software suitable or not suitable? 
Used software is suitable for every company and every public authority. This is because, as described, standard applications from major software manufacturers such as Microsoft are traded that are needed everywhere. From a legal point of view, there are no restrictions, for example regarding specific purposes. In fact, public authorities are even obliged to allow second-hand licenses in tenders.
Are patches also available for users of used software? 
This leaves the question of the patches that manufacturers provide in order to close newly discovered security gaps or fix errors. In almost all cases, they supply the patches free of charge to all users out of their own interest in order to ensure that the software can be used without any defects or risks. This is because they want to avoid the resentment of users that arises when errors accumulate in certain products and the associated damage to their image.
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