Resale ban for e-books?
As a rule, you acquire ownership of paid goods and may freely dispose of them. The Higher Regional Court of Hamburg had to deal with the question of whether, upon acquiring a digital e-book, exhaustion also occurs, or whether one only acquires the right to read the book but not to resell it.
Is keyselling copyright infringement?
In principle, purchased goods may be resold at any time due to the principle of exhaustion. The Berlin Regional Court recently had to decide whether this also applies to the resale of software keys, i.e., whether the isolated sale of product keys for computer games, so-called "keyselling," constitutes a copyright infringement.
Admissibility of trading used software licenses
The issue of trading in "used" software licenses has recently occupied the German courts more frequently. The relatively new and attractive business model infringes copyright and, not least, the manufacturers' interest in remuneration, which is why they regularly strive to address the problem through corresponding restrictions in the license terms. The effectiveness of such agreements depends significantly on the [...]
Unauthorized trading of used software licenses
Licenses from the original licensee and resale to a third party infringe the software manufacturer's copyrights. The manufacturer (author) of software can effectively restrict the power of disposal regarding the granted right of use with real effect, such that it cannot be further assigned. Any ineffectiveness of this contract clause under general terms and conditions law does not oppose this.
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