Judgment of the BGH of July 17, 2013

The BGH confirmed the ruling of the European Court of Justice of July 3, 2012 as expected

As expected, the BGH has confirmed the ruling of the European Court of Justice from July 3, 2012. The basic permissibility of the sale of used software licenses is thus secured.

The resale of the program copy downloaded from the copyright holder's website does not require the subsequent purchaser to receive a data carrier with the "exhausted" copy of the computer program; rather, it is sufficient for the subsequent purchaser to download the copy of the computer program from the copyright holder's website onto his computer.