Is trading in used software legal?
Yes, trading in used software is legitimate and based on clear legal frameworks. This has been confirmed by rulings of the European Court of Justice and the German Federal Court of Justice. The buying and selling of used software, including volume licences, is a recognised business model that is subject to specific conditions. As your reliable partner, we ensure that these conditions are met
at every level of cooperation.
Trading in used software is legally compliant
The purchase and sale of unused software licences is legally compliant.
Due to a lack of information, many organisations are still uncertain about this topic. However,
the legal situation has been clearly established for many years.
Both the European Court of Justice (ECJ) and the German Federal Court of Justice (BGH) have ruled
that trading in used IT products is lawful.
This is based on the ECJ ruling of 3 July 2012 (C‑128/11) and the BGH ruling of 17 July 2013 (I ZR 129/08). These rulings define a clear framework for trading in pre‑owned software licences and are based on a fundamental principle of copyright law: software products are generally protected, similar to literary works. However, once software has been lawfully purchased, no further consent from the rights holder is required for resale.
This principle applies in the same way as when reselling a book. For more details, please also refer
to our FAQs on the exhaustion principle.
Legal certainty for our customers:
For customers of MRM Distribution, it is important to know that all required documentation is provided in full.
As an experienced and trusted distributor, MRM Distribution guarantees reliable audit security not only for partners
but also for their end customers. This ensures that all legal and vendor requirements are fully met.
In practical terms, this means that licence purchases via MRM are fully secured through a
professional risk and vulnerability analysis.