Judgment of the BGH of July 17, 2013
As expected, the BGH confirmed the judgment of the European Court of Justice of July 3, 2012
As expected, the German Federal Court of Justice (BGH) confirmed the ruling of the European Court of Justice of July 3, 2012. The admissibility in principle of the sale of used software licenses is thus secured.
Resale of the copy of the program downloaded from the copyright owner's website does not require that the subsequent purchaser 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 owner's website to his computer.