|
NOVEMBER 2008 |
|
|
USEDSOFT REORGANIZES ITS SALES DEPARTMENT
Due to considerable growing and further opening-up of international markets, usedSoft is reorganizing its sales department. In this context, Michael Helms takes over the new position of sales director.
 |
|
|
SEPTEMBER 2008 |
|
|
MICROSOFT BACKS DOWN AGAIN
Again, Microsoft must take allegations back which were spread by the company regarding the trade with used software. In future, Microsoft cannot claim anymore that the most recent judgment of the Higher Regional Court being rendered in the Oracle matter would be a final decision or would even mark the end for the trade with used software.
|
|
|
AUGUST 2008 |
|
|
MICROSOFT INTIMIDATES CUSTOMERS
Microsoft's information that it had blocked "conspicuous product keys" does not have anything to do with usedSoft, and is nothting but a massive intimidation of customers. As the fact that identical product keys are used by different customers at the same time does not evidence any unlawful use, but is only part of Microsoft's distribution model. In this context, the fact that Microsoft is referring to the Oracle judgment which was recently passed by the Higher Regional Court of Munich, is nothing but propaganda to be easily seen through.
|
|
|
AUGUST 2008 |
|
|
AWARDING CHAMBER OF DÜSSELDORF: AUTHORITIES MUST ALLOW USED SOFTWARE
Authorities are obligated to allow suppliers of used software to participate in tenders for standard software as well. In proceedings on review, the Awarding Chamber of Düsseldorf decided that the exclusion of suppliers of used software would violate the Law against Restraints of Competition ("Gesetz gegen Wettbewerbsbeschränkungen" = "GWB") as well as the VOL/A. This court order has become final and absolute, and it has significant consequences for the purchase of software by authorities - last but not least in light of the fact that 70 percent of the German local authorities are actually broke.
|
|
|
JULY 2008 |
|
|
USEDSOFT APPEALS TO THE FEDERAL COURT OF JUSTICE
In the Oracle proceedings, the Higher Regional Court confirmed the lower court's decision as expected. However, the trade with used Microsoft licences is not affected by this judgment which has not become final and absolute. usedSoft has already announced that it will lodge an appeal on points of law to the Federal Court of Justice.
|
|
|
JUNE 2008 |
|
|
MICROSOFT'S DRAWBACK TOWARDS USEDSOFT
Microsoft had to withdraw a provisional injunction in essential parts which had been obtained against usedSoft in the past. It was even inside of the court room when Microsoft's lawyers fully withdrew the part of the provisional injunction contested by usedSoft .
"This embarrising drawback of Microsoft is another victory for a liberalized software market in Germany", emphasized usedSoft's Managing Director Peter Schneider.
|
|
|
JUNE 2008 |
|
|
USEDSOFT SUCCEEDS IN GETTING A PROHIBITORY INJUNCTION AGAINST MICROSOFT
On June 2, 2008, the Regional Court of Hamburg issued a prohibitory injunction against the company Microsoft. As a result, the software monopolist is prohibited from spreading certain, misleading assertions regarding the lawfulness of the trade with used software. "This decision is a clear signal for a free software market within Europe and against the monopoly policy of the American software giants", commentated Peter Schneider, Managing Director of usedSoft."
|
|
|
APRIL 2008 |
|
|
REGIONAL COURT OF MUNICH: USEDSOFT IS ALLOWED TO TRADE WITH MICROSOFT SOFTWARE
Individual software licences originating from Microsoft volume licence contracts are allowed to be resold "second hand". This decision was rendered by the Regional Court of Munich I on April 4, 2008. The judgment has become final and absolute. The court decided "that the sale respectively resale of individual Microsoft software licences which had been delivered within the scope of volume licence contracts is possible in an effective way even without Microsoft's consent in principle." By means of this judgment the court rejected Microsoft's legal viewpoint that the buyer of a volume licence does not buy individual licences, but only a right to reproduce. "This judgment rendered in Munich, Microsoft's legal venue, is trend-setting", this decicision was commentated by Peter Schneider, Managing Director of usedSoft.
|
|
|
Contact