Legislation

WHAT ALLOWS SECONDARY LICENSES TO SELL?

The right to sell software is within the scope of Art. 4 par. 2 Directive of the European Parliament and Council 2009/24 / EC on the legal protection of computer programs, which stipulates that the right to distribute (further transfer) computer programs within the EU is exhausted upon the first sale of a license.

The Court of Justice of the European Union decided in its judgment "Legal protection of computer programs - Listing of licenses for used computer programs downloaded from the Internet on the market" of 03.07.2012 that trading in licenses is legal within the European Union and therefore the provisions of the license conditions do not apply. The decision of the European Court of Justice applies to software in any form, ie. both for CD, DVD and online versions.