A ruling of the OLG Dusseldorf (Judgement of 26/06/2009, I-20 U 247/08) has accesses to the much debated question of whether the principle of exhaustion (after which the one that a product has been lawfully acquired in Europe, is able to continue to sell them) even with such software that has installed a seller of hardware on the hardware, a decision made and is certainly much discussion among lawyers. It held that the exhaustion principle in such software is not effective, and only if this software with the hardware on which it is installed, will be passed. A solid backup to disk so can not be shared. Background, summary said that the principle of exhaustion can occur only on items and ensure that such software that is purchased on a physical media, such as a CD. Background is certainly enough to ensure only the delivery of the physical disk that the Seller all rights to the data carrier to the buyer passes and this externally traceable through the transfer will be. It is often argued that the transfer of the disk often remains an illegal copy or install the software on the computer of the seller that this may also use. The fact that a seller who passes a work, copies thereof may retain, in violation of copyright law, but nothing special. Photographs, this is certainly possible, as in software. The possibility of duplication when delivering the hardware on which the software is installed, however, limited. The original hardware may eventually only be transferred once. (Strieder, lawyers Solingen and Leverkusen, advice and representation on a National Level) www.anwalt
-strieder.de www.fachanwalt-x-Informationstechnologierecht.de
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