Licensing, Up To Exhaustion

Software can be sold in the widest variety of formats, for example based on a data carrier, by transfer of a master copy on a data carrier, by online download, in OEM models or for online use (cloud computing, ASP, etc.). The interests of the software companies in retaining the maximum possible control over the subsequent distribution of the software products they have sold conflict with the interests of the buyers, who want to use the software they have bought in certain scenarios, e.g. to sell the company's parts or, more generally, to be able to sell it on as a "used" product once they no longer need it.

Licensing, up to exhaustion

According to Section 69c (3), first sentence of the Copyright Act, the holder of the rights has among other things the exclusive right to undertake or allow any form of distribution of copies of the computer program. That regulation is limited by the subsequent Section 69c (3), second sentence of the Copyright Act, which establishes