Microsoft Office 2019 Professional Plus ESD Version
Word 2019, Excel 2019, Powerpoint 2019, OneNote 2019, Access 2019, Outlook 2019, Publisher 2019
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LEGAL LOCATION:
"A software manufacturer cannot oppose the resale of its 'used' licenses that enable the use of its programs downloaded from the Internet."
From press release No. 94/12 on the judgment in case C-128/11 of the Court of Justice of the European Union (ECJ) The European Court of Justice (ECJ), as the highest judicial body of the European Union, has provided final clarity with its judgment and trade with used computer programs declared to be fundamentally lawful.
The ECJ also ruled that used software trading is also permitted if it is software that has been transmitted online.
The Federal Court of Justice then fully confirmed the fundamental decision of the ECJ on July 17th, 2013 with regard to the underlying legal issues.
And the judgment of the ECJ also applies to volume licenses and their splitting. This was confirmed by the Frankfurt am Main Higher Regional Court in proceedings between Adobe and a software vendor.
In their judgment, the 13 judges of the large chamber clearly stated that the exhaustion principle applies to every first sale of software. The ECJ even decreed that the second purchaser may download the software again from the manufacturer in the case of licenses transferred online:? In addition, the exhaustion of the distribution right extends to the copy of the program in the version improved and updated by the copyright holder ?, so the ECJ. The Court thus went well beyond the final motion of the ECJ Advocate General of April 24, 2012.
VOLUME LICENSES AND THEIR DISTRIBUTION ALSO LEGAL
In a later ruling by the Higher Regional Court in Frankfurt am Main in proceedings between Adobe and a software vendor, the further consequences of the ECJ ruling were impressively confirmed: The OLG Frankfurt decided that the ECJ ruling should also be applied to volume license agreements and their splitting. The Federal Court of Justice rejected a revision by Adobe in full on December 11, 2014 (Az. I ZR 8/13). This ultimately confirmed the judgment of the Frankfurt Higher Regional Court