Turkish Supreme Court Rules On Second-Hand Sale And Licensing Of Computer Software

The Turkish Supreme Court recently held that irrespective of how they are released to the market, second-hand software sales do not constitute copyright infringement under the Intellectual and Artistic Works Law numbered 5846 ("Law"), provided the software was legitimately obtained by the first user.

In the dispute at hand, Party X produces software, licensing this to other parties (OEM License). Party Y purchases a software CD from one of Party X's licensees. While granting licenses, Party X provides authenticity stickers which bear the licensee's name. Party Y attaches the sticker to the computer tower which the software is used on. At a later time, Party Y resells the software (including user guides). In other words, Party Y becomes a second-hand salesman and acts similar to a license grantor for Party X's software.