The sale of software products through CYBER SHARK complies with the provisions of EU Directive 2009/24/EC on the legal protection of computer programs. The legality of selling pre-owned or redundant software licenses within the European Union has been confirmed by multiple rulings of the Court of Justice of the European Union (CJEU), establishing a secure legal framework for fair and open competition across the EU market.

Key Legal Background2012 – CJEU Decision (Case C-128/11, UsedSoft GmbH v Oracle International Corp.)

The Court ruled that “A software producer cannot oppose the resale of its ‘used’ licenses that allow the use of downloaded copies of its programs. The exclusive right to distribute a copy of a computer program is exhausted upon its first sale.”

In other words, the resale of used software licenses within the EU is entirely legal once the original copy has been sold with the consent of the copyright holder.

2000 – Federal Court of Justice of Germany (Case I ZR 244/97)

OEM software introduced on the market by the manufacturer (or with its consent) may be resold even without the original hardware.

2001 – EU Directive 2001/29/EC

“The first sale of the original or copies of a work within the Community by the copyright holder or with their consent exhausts the right to control resale within the Community.”

2005 – Case C-41/04 (Levob Verzekeringen BV and OV Bank NV)

The initial buyer of a computer program copy may transfer ownership to a third party without needing the software producer’s consent.

2006 – Hamburg Regional Court (Case 315 O 343/06)

Confirmed that copyright exhaustion also applies to individual software copies acquired through Microsoft volume licensing agreements.

2009 – EU Directive 2009/24/EC

Reiterated that the first sale of a software copy in the EU exhausts the right of distribution for that copy, except for rental rights.

2016 – CJEU Decision (Case C-166/15, Aleksandrs Ranks and Jurijs Vasievics)

The original purchaser of a perpetual software license may resell that license and the corresponding software copy to another user.

Legal Summary

These rulings together confirm that:

• The resale of legally acquired software licenses within the European Union is lawful.
• Once a license has been sold, the copyright holder’s right to control its distribution is exhausted.
• The buyer must ensure that the previous copy is no longer in use upon resale.

CYBER SHARK is an independent retailer of digital software licenses.

We are not affiliated with or endorsed by Microsoft, Adobe, Autodesk, or any other mentioned software brand. Our business operates fully in compliance with CJEU regulations and the legal principles established by the above EU directives and court decisions.