English
Your cart
There are no more items in your cart
Legality of Used Software Licenses
Discover how rulings by European courts have officially recognized the full legitimacy of the used software license market—especially for perpetual licenses—allowing individuals and businesses to achieve significant savings while remaining fully compliant with the law.
What is used software?
Used software consists of genuine licenses that were previously purchased and are now available for resale. These are not pirated or unauthorized copies, but original licenses issued by official publishers, which remain fully valid even when transferred to a new owner.
When companies or private users no longer need their licenses, they can legally resell them, creating a regulated secondary market. This model helps lower costs without compromising compliance or security.
The legal foundation: the ruling of the Court of Justice of the European Union
The legality of the used software license market was officially recognized by the Court of Justice of the European Union (CJEU) with the landmark ruling issued on July 3, 2012, Case C-128/11. This key decision established a clear and solid legal framework, allowing consumers and businesses to buy and sell used licenses freely.
A landmark decision: the CJEU ruling (Case C-128/11)
The case began with a dispute between Oracle and a German company specializing in the resale of used licenses. Oracle challenged the very possibility of reselling software licenses, questioning the legality of the entire secondary market.
The court established three key principles:
- Exhaustion of distribution rights
Once a license has been sold within the European Economic Area with the rights holder’s consent, the supplier’s distribution rights are exhausted. This means the original purchaser is free to resell the license without restrictions. - Equal treatment of physical and digital formats
There is no difference between licenses provided on physical media and licenses delivered as digital downloads. Both can be legally resold under the same conditions. - Ban on additional restrictions
Software publishers cannot impose transfer bans, extra fees, or additional constraints beyond what the law allows. License resale must remain free and transparent.
A consolidated legal framework: subsequent rulings
After the CJEU decision, several European courts confirmed and reinforced this interpretation:
- Public Procurement Chamber of Münster (March 1, 2016 – VK 1-2/16): upholds the right to resell licenses without interference.
- German Federal Court of Justice (July 17, 2013 – I ZR 129/08): reaffirms the legality of used licenses in accordance with EU law.
- BGH ruling (December 11, 2014 – I ZR 8/13): further strengthens the full validity of resale.
- OLG ruling (August 2016 – 406 HKO 148/16): consolidates a consistent interpretation of the rules governing the license market.
What this means for you and your company
Today, European law openly protects the used software license market. This allows individuals, businesses, and public organizations to purchase second-hand licenses with full legal certainty and significant economic benefits.
Key advantages:
- Significant reduction in IT costs, without sacrificing quality or security.
- Full regulatory compliance, including for corporate and public-sector environments.
- Greater digital sustainability, promoting reuse and reducing waste.
- Broader access to professional software, even for SMEs, startups, and private users.
The used license market is now a reliable, regulated, and transparent ecosystem that supports fair competition and protects intellectual property.