Authentic Software

Digital Ms Deals is more than just an e-commerce platform; it is your gateway to the world of authentic software. When you shop with us, you benefit from:

-  Authenticity and legal compliance:  Every software license you find on Digital Ms Deals is meticulously sourced through official channels and authorized resellers. We are proud to uphold the highest standards of authenticity and legal compliance. Our commitment to the CJEU ruling (Case C-128/11) is unwavering and ensures that all of our licenses are obtained and resold within the bounds of the law.

-  Diverse Selection:  Our catalog boasts a diverse selection of software licenses to meet your specific needs. Whether you need business software, creative tools or specialized solutions. We believe software should fit your needs, not the other way around.

-  Competitive Pricing:  We understand that affordability is a crucial factor. Digital Ms Deals offers competitive pricing without compromising quality or authenticity. You can access authentic software licenses at reasonable prices, making it easier for individuals and businesses to maintain compliance while staying within budget.

-  Trusted resources:  Our partnerships with official resellers and access to a lot of inventory, including secondhand or discontinued licenses, allow us to offer a wide range of options. Every license in our inventory has been checked for authenticity and legal compliance.

For those looking for authentic software licenses at a reasonable price, understanding the legal landscape is critical. Below, we will shed light on the landmark Court of Justice of the European Union (CJEU) ruling of July 3, 2012 (Case C-128/11) that effectively paved the way for the legality of used and secondhand software licenses, ensuring businesses that consumers can confidently navigate the software licensing market while staying within the bounds of the law.

I. The CJEU ruling (Case C-128/11):

At the center of the debate on secondhand software licenses is the CJEU ruling issued on July 3, 2012. This landmark ruling addressed the legality of the resale of software licenses within the European Union. The case revolved around Oracle's attempt to restrict the resale of its software licenses.

The key points of the CJEU ruling are as follows:

-Exhaustion of distribution rights: The court ruled that once a software vendor has sold a license within the European Economic Area (EEA) with the permission of the copyright holder, it has exhausted its distribution rights. This means that the original purchaser of the license has the right to resell it.

-  Equal treatment:  The ruling emphasized equal treatment between software licenses acquired through physical copies and those obtained through digital downloads. This ensures that the digital licenses used are equally legitimate.

-  No additional restrictions:  Software vendors cannot impose additional restrictions on the resale of licenses beyond the original sale. This includes prohibiting the transfer of licenses or charging additional fees.

II. Impact of subsequent rulings:

In addition to the CJEU ruling, several other legal decisions have further clarified and strengthened the legality of secondhand software licenses:

Münster Public Procurement Chamber ruling (01.03.2016, ref. VK 1-2/16):  This judgment reaffirmed the principles established by the CJEU, stressing the right of software license holders to resell their licenses.

Federal Court of Justice ruling (17.7.2013, Case I ZR 129/08):  The Federal Court of Justice confirmed the legality of second-hand software licenses, shedding light on the issue at the national level.

Federal Court of Justice (BGH) ruling (11.12.2014, case file I ZR 8/13):  This BGH ruling contributed to the jurisprudential framework supporting the resale of software licenses.

OLG ruling (August 2016, ref. 406 HKO 148/16): The OLG ruling further strengthened the legality of second-hand software licenses, ensuring consistency in legal interpretations.

III. Ensuring authenticity and compliance:

Although these rulings have solidified the legality of secondhand software licenses, it is essential to exercise caution to ensure authenticity and compliance:

- Certified Resellers:  Turn to certified resellers who source licenses from reputable channels to ensure authenticity.

- License Control:  Implement robust license verification processes to track software usage and maintain compliance.

- Vendor relations:  Maintain open communication with software vendors to stay informed about their licensing policies and updates.

In a world where software licensing is no longer confined to the realm of the "new," the CJEU ruling (Case C-128/11) and subsequent legal decisions have reshaped the software licensing landscape. The legality of used and secondhand licenses is no longer in question, giving companies and consumers the opportunity to access authentic software in compliance with the law.