news about second-hand Software

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Herzogenrath, 15 July 2014 - the software group SAP has withdrawn the appeal against dispute of the judgement given in October 2013 in the dispute with susensoftware .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
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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03.04.2014
Software licensing: SAP terms and conditions are not above European law
SAP attempted to sue Susensoftware for reselling second-user licences, but the Hamburg court stated that two clauses in SAP%3F%3Fs general terms and conditions for licensing and maintaining standard software were anti-competitive.From a second-user perspective, the court stated that SAP%3F%3Fs clause which stipulated that it required written approval for software transfers, was not legally binding...
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31.10.2013
Software licensing: SAP terms and conditions are not above European law
The court’s decision builds on a 2012 European Court of Justice landmark ruling on second-user software.AP attempted to sue Susensoftware for reselling second-user licences, but the Hamburg court stated that two clauses in SAP’s general terms and conditions for licensing and maintaining standard software were anti-competitive.From a second-user perspective, the court stated that SAP’s clause which stipulated that it required written approval for software transfers, was not legally binding .“To my knowledge this is the first time that elements of SAP’s general terms and conditions have been found to be anti-competitive. I hope this will result in more freedom for German companies that want to buy or sell current versions...
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