Aktuální otázky prodeje použitého software
Current issues of selling second-hand software

Summary/Abstract: The article deals with the right to sale a used licenses which has been established according to the principle of exhaustion of the distribution rights developed by the Court of Justice of the European Union in the case UsedSoft v. Oracle. The following German jurisprudence represented by the judgements of the Bundesgerichtshof and lower courts tackle some unresolved legal questions including but not limited the construction of the use rights of the second acquirer, intended purpose of the original license, splitting of license package, burden of proof with regard to making unusable of a copies and also related questions regarding maintenance agreements. Unlike Court of Justice the U.S. courts considering the first-sale doctrine ruled that the exhaustion principle doesn`t apply to software products. Finally, the article briefly comments possible impacts on further products such as e-Books or e-Music.

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