You justified this with the so-called exhaustion principle in copyright law, in connection with the Vetriebsweg of the downloads which lead not to an exhaustion of the distribution right and therefore not a free resale right in the subsequent transferee chain. First, the Court strengthened the interests of the trade and the number in July 2012. This includes the IT lawyer Dr. Robert Fleuter, BLC attorneys at law: the ruling underscores the marketability of the asset software, without binding to a specific workpiece, also when downloading. In this respect, this means equality with other economic goods. Was rejected a total blockade of downstream distribution by the manufacturer side.” Trade facilitation after ruling? But what are the practical consequences of this judgment? Some manufacturers seem to be little to worry about and still have not adjusted their terms and conditions. While they would need only to the judgment of the European Court of Justice to oriented, in the sense that they basically no longer can oppose the resale by the original purchaser. Experts had waited for a long time the judgment of the Federal Court of Justice, had referred the questions to be clarified to the ECJ.

Some feared the possibility of a user unfriendly interpretation and implementation of the European Court of Justice ruling by the BGH. But there is a binding effect with respect to the ruling under European law, the Supreme Court as a national court has felt tied it and decided the day before yesterday in the sense of the European Court of Justice. , Manufacturers still in other ways would try to circumvent the judgment: so if this user account solely to the purchaser without the possibility of passing is bound on resale of software to a second purchaser, E.g. a manufacturer to establish a online account (user account) could make it difficult. So, it was handled in the past in a computer game, where the actual software due to exhaustion could formally be resold, the second buyer but no actual possibility to use would have received due to lack of access to the user account.