used software

stille software

stillesoftware

stillesoftware comes into existence when software products are no longer used, after they have been written off the balance sheet.

stillesoftware results from "stillen" reserves.
Trade in pre-owned software is a young, upcoming market. The customers' demands are increasing constantly, both in Germany and abroad.

As far as licensing agreements are governed by german and european Law, the first sale doctrine applies. This doctrine, embodied in § 69c German Copyright Act, allows the purchaser to transfer a particular, legally acquired copy of protected work without permission once it has been obtained. That means the distribution rights of a copyright holder end on that particular copy once the copy is sold. The resale of software which has been bought bundled with hardware (so-called "OEM" versions) has also been found lawful by the German Supreme Court.

To learn more about the german licensing law, antitrust law and the prevailing case law, please visit our german website on www.susensoftware.de.

Pre-owned software comes from companies who, predominantly due to mergers, system changes or insolvencies,want to sell their stock, mostly SAP R/3 and SAP mySAP license packages. This for example may be a german company which due to restructurings has purchased too many licenses and now wishes to sell these.

Reasons for the Sale of Software:

  • Application is not needed anymore, e.g. due to the sale of the company, restructurings, reduction of jobs
  • Licenses are purchased, but not used
  • Replaced by another system

Please note when trading in software

If you want to purchase or sell used software yourself, you should consider a few points. The following comments, particularly the legal statements, are for information purposes only and without responsibility.
They are no legally binding information or legal advices. In case of doubt, please contact a specialist solicitor.

Legal Situation:

The Court of Justice of the EU (CJEU)(Case C-128/11 - 3rd July 2012) explain the way for a license transfer; it's a allowed in Europe. According to german copyright law, the manufacturer is entitled to determine when and at what price a person is allowed to purchase software (§§ 15 I, 17 III, IV, 31 I UrhG). The special arrangement in § 69c UrhG allows the purchaser to transfer a particular, legally acquired copy of protected work without permission once it has been obtained. That means the distribution rights of a copyright holder end on that particular copy once the copy is sold.

OEM-Software:

In its final judgement from July 6th, 2000 (reference number 1 ZR 244197), the German Supreme Court (BGH) found it is improper to force the customer to resell the OEM disk with bundled hardware. The free trade of OEM-Software has been allowed.

Transfer of Rights:

The requirements for an effective transfer of licensing rights can vary from manufacturer to manufacturer. In case of doubt, please contact the manufacturer and ensure that you become the actual holder of the copyright. In this way you can also clarify the scope of supply.

Update Rights:

The transfer of rights by conclusion of a contract includes also the right to update. Please ask the manufacturer whether or not the software contains a right to update.

Scope of Supply:

Inquire what exactly delivery contains. Furthermore ask particularly for original data carrier, written licensing agreement, product key, handbook, dongle and clearing code. Either backup copies have to be delivered as well or must be deleted.
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