- Distribution and Sale of Used Software Licenses
- August 19, 2013
- Law Firm: GRP Rainer LLP - Office
- The rights of software licenses may not simply be transferred with the sale of authenticity certificates.
GRP Rainer Attorneys and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg and Stuttgart www.grprainer.com/en explain: This was the decision of the District Court (LG) Frankfurt/M. with its judgment from September 27, 2012 (file ref. no.: 2-03 O 27/12). The District Court Frankfurt/M. has now decided that rights shall not be transferred with the sale of authenticity certificates. The acquisition of such authenticity certificates does not entail gaining the rights derived from the holder of the copyright for permission to reproduce the respective software.
The District Court had to decide a case in which the plaintiff maintained that it’s copyright was violated by the sale of certificates of authenticity because the software licenses were not embodied in the sale.
The District Court allowed the claim and granted the plaintiffs an injunction. The Court held that rights should not already be acquired with the simple sale of the certificates of authenticity.
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