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.