FİKRİ MÜLKİYET HAKLARININ YAZILIM SEKTÖRÜ AÇISINDAN DEĞERLENDİRİLMESİ: USEDSOFT VE VERİSİL DAVALARI
EVALUATION OF INTELLECTUAL PROPERTY RIGHTS REGARDING THE SOFTWARE SECTOR: USEDSOFT AND VERISIL CASES

Summary/Abstract: Despite the fact that the sale of second-hand or used software has been legal in many developed nations since 2006, it was illegal in Turkey until the VeriSil case. Second-hand software is a product that can be reused and from which the end-user can profit financially if certain guidelines are followed. This is a global market with a large magnitude. When considering the importance of protecting the rights of businesses operating in the sector, the size of the second-hand software market, and its importance for developing countries like Turkey, as well as the human and institutional rights that purchase license rights in this direction, this market is critical, and bilateral balance and protection of rights is required. In this regard, the paper assesses the legal rights that preserve software products, discusses end-user rights in the context of the UsedSoft and VeriSil cases, and examines and evaluates the issue in terms of both the economic and legal dimensions. Office software, operating systems, database and server service software, and application development software are all heavily reliant on foreign sources in Turkey. In our country, there is still a lack of enthusiasm and knowledge about the market. According to the findings, the rotation of used software goods will reduce the loss of foreign cash when it is sent abroad.

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