Used software is available for sale in the European Union. This also applies to Switzerland. Art. 12 II of the Swiss Federal Law on Copyright and Related Rights (URG) states that once the consent of the author is obtained on the first sale of software, he also gives tacit consent for the resale of the used software. The cantonal court has a similar tenor in which, according to the verdict of May 4, 2011, against the software company Adobe, agreed that the selling of used software was also allowed. (Cantonal Court Az. ES 2012, 822). The legal doctrine also states that this legal concept is indisputable. As explained by Prof. Dr. Cyrill Rigamonti from the University of Bern in a journal article, the trade of used software is compatible with Swiss copyright laws. (GRUR Int. 2009, 14ff.) The ECJ essentially reached the same conclusion in its subsequent decision in the case of UsedSoft (C-128/11).
With us, you receive particularly attractive, used licenses from volume license contracts, which are to be treated as part of Volume Licenses on First Acquisition. The splitting of volume licenses for the purpose of separate resale is legal. This follows, among others, from a judgment of the European Court of Justice (Case C-128/11). This judgment explains the exhaustion of rights of software and has been confirmed by the judgment of the Federal Court of Justice of 17.7.2013 (Case I ZR 129/08), concluding that the resale of used software was legal. Finally, the OLG Frankfurt on 22.214.171.1244 also explained these principles and confirmed the decision for splitting volume license agreements. (AZ 11 U 68/11). Switzerland has taken over this practice.
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