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news about second-hand Software

20.08.2014
Hope for the new SAP Terms and Conditions
Hope for the new SAP Terms and ConditionsHerzogenrath, 20 August, 2014. – The dispute surrounding the business model of SAP has now led to its first result. Since May, 2014, there have been new SAP Terms and Conditions for Germany and, from July, 2014, there are also new Terms and Conditions for SAP in Austria. The Group′s business model is also governed by its General Terms and Conditions (GTC). Perhaps the action of susensoftware Ltd has helped, somewhat.In October 2012, the company susensoftware Ltd, based in Herzogenrath, near Aachen, had filed a lawsuit against SAP Germany GmbH & Co. KG, at the Regional Court in Hamburg. Subject of this action were clauses in the General Terms and Conditions (GTC) of SAP, which...
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15.07.2014
Legally valid judgment against SAP
Herzogenrath, 15 July 2014 - the software group SAP has withdrawn the appeal against dispute of the judgement given in October 2013 in the dispute with susensoftware . The judgment is therefore valid.With a judgment of the Hamburg Regional Court from 25 October 2013, the second-hand software provider susensoftware had obtained, among others, the user right to resell own purchased software licenses from SAP group, without the prior consent of SAP. The software group based in Baden-Württemberg Walldorf had tried to prevent this, so far, through inclusion of relevant clauses in its applicable General Terms and Conditions (GTC). Some passages of the prior GTC greatly restricted the resale of purchased software licenses. It was said,...
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15.07.2014
Legally valid judgment against SAP - Comment on the process (1/2)
Lawyer Niklas Haberkamm, partner in the firm of LHR Attorney, declared, in response to the now final judgment: ″Unfortunately, it happens extremely rarely that a judgment prohibits the terms and conditions of a multinational group such as SAP. This happens also because often a judicial proceeding of those affected against such large corporations implies some difficult financial aspects. It is all the more gratifying, as in the present case, that this threshold has been overcome and it come now to a final judgment. Such a judgment is always leading the way for the entire sector and indicates that also the industry giants must keep in line with the law and observe the relevant requirements. Earlier in the year, the Frankfurt Regional Court had already prohibited the use of the...
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15.07.2014
Legally valid judgment against SAP - Comment on the process (2/2)
″The reasoning background on why SAP has withdrawn the appeal is not clear. We can only presume that the company did not wanted to ″risk again on the upper court decision upon the issue″. Certainly nothing is changed from the view of the company, that considered itself hurt, as a software manufacturer, by a thriving second-hand trade with its intellectual property rights. The company fear revenue losses due to the secondary trading, and therefore wanted to suppress further transfer of rights. What steps is SAP going to make now, remains to be seen. A change in the terms and conditions must be, however, carried out, and the final decision of the Regional Court Hamburg certainly contributes to the creation of a more legal certainty in the market of second-hand...
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