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Freedom of disposal via ownership

The freedom of disposal via ownership marks a principally unlimited property right of the owner which includes disposal as well as exploitation rights. The extensive rights have been manifested in the Civil Book of Law (§§903ffBGB).

Even considering the fact that the execution of these rights can be limited by laws or the rights of third parties, as pointed out in § 908, it is incomprehensible that the owner of a software should not have the freedom of disposal via his ownership after having purchased the item price. This would in actual fact almost be an expropriation as customers commented to the usedSoft General Manager, Peter Schneider, with reference to the Oracle verdict at the District Court München I. The characteristic transfer of ownership of a sales contract would therefore not actually take place.