news about second-hand Software

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″The reasoning background on why SAP has withdrawn the appeal is not clear.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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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??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...

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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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