news about second-hand Software

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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25.10.2013
susensoftware GmbH against SAP Deutschland AG & Co. KG
Today the district court of Hamburg reached a decision regarding the lawsuit filed by susensoftware GmbH against SAP Deutschland AG & Co. KG (District Court of Hamburg, reference number: 315 O 449/12). In the opinion of the court two clauses in SAP’s General Terms and Conditions for the licensing and maintenance of standard software are anti-competitive. This includes the clause stating that written approval from SAP is required for the software to be passed on to others. As we do not have a written copy of this ruling, we cannot at this point comment on the reasons for this decision.We will publish a detailed press release as soon as we have access to the ruling in full. The court’s decision is not yet legally binding. We assume that SAP will file an...
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19.07.2013
The SAP Business Model (2/6)
Herzogenrath, 19. July 2013. - An industry or a company can hardly manage without efficient IT infrastructure including software solutions.  The future potential of flourishing industries in Germany, such as machinery and plant engineering, chemical, automotive, etc., can hardly be exploited without reliable and flexible IT landscapes.  To accomplish this, they need high-performance business management software. SAP is one of the world′s most important suppliers. As a contractual basis for software distribution, SAP uses their Terms and Conditions (AGB).SAP Market PositionThe software industry in Germany doesn′t have such a strong...
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