Sale: 50% Off Software Licences - Can Used Volume Software Licences Legally Be Resold?

Abstract

This paper deals with the case where used volume software licences are sold without selling the master copy, but only selling the pure right to make copies. It compares the situation of reselling volume software licences with situations in which software on a tangible data carrier is resold and the situation in which software, which has been downloaded from the internet, is resold. Furthermore, the business models of the software industry, second-hand software trading companies and companies using volume software licences are described. After introducing the main arguments on this issue in a discussion it becomes evident that the stronger arguments are in favour of the applicability of the first-sale doctrine. Thereafter an overview of German court decisions about this issue is given and the prerequisites of the New Zealand first-sale doctrine in section 9(1) Copyright Act 1994 are analysed. The paper concludes that it has to apply to the resale of single software licences out of a volume software licence agreement. The main reasons for this are a strong need and necessity for the application of the first-sale doctrine in commercial life and the positive prerequisites of the New Zealand first-sale doctrine.