Archive notice: This article was originally published on July 17, 2008. Links and embedded videos are preserved as part of the historical record.
Like Oracle, Microsoft also sees the Higher Regional Court’s ruling as having far-reaching consequences for trade in so-called used software. The Munich Higher Regional Court’s ruling shows that software manufacturers, as rights holders, can effectively regulate the transfer of software, thus underscoring the lower court’s judicial assessment.
According to the company, Microsoft expressly welcomes the outcome of the proceedings. Microsoft feels that the ruling particularly confirms its view that the buying and selling of reproduction rights under Microsoft volume licensing agreements without Microsoft’s consent is invalid and therefore infringes copyright. Since no appeal on points of law to the Federal Court of Justice (BGH) was permitted, Microsoft sees the ruling as bringing the debate about used software to a close in favour of software manufacturers.
Before issuing a final statement, Microsoft will of course await the Munich Higher Regional Court’s written reasons for the ruling and analyse them in detail. In any event, however, Microsoft expressly reserves the right to initiate legal action against dealers in used software and, where applicable, their customers in future.
Microsoft’s aim is to continue discussing the subject of used software in a factual and constructive manner. Microsoft rejects any kind of polemic. Ultimately, it is the task of software manufacturers, and thus the copyright holders, to protect their intellectual property and prevent companies from using improperly licensed software, even if they act unknowingly or in good faith.
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