The BGH stated in its judgment that the retransmission is free due to the exhaustion of the copyright distribution right. This is documented in the judgment of the Federal Court of Justice of - I ZR 244/97, and states: In the judgment of 6 July 2000 ruled the Federal High Court (BGH) that the exhaustion principle can not be undermined by license provisions of the manufacturers (Az I ZR 244/97 - OEM Decision - Judgment in GRUR 2001, 153).Īt that time Developer complained against the resale of so-called OEM software, which was contractually tied to new hardware at the time of sale, but had been brought into isolation by the intermediate dealer. The Federal Court ruling allowed the sale of OEM versions and DSP versions without associated hardware.Īs a result of this ruling, you may install and use this version on any computer. In other words, trading of OEM versions even without hardware is legally permitted. In Germany, the purchase, distribution and use of OEM versions is completely legal. OEM (Original Equipment Manufacturer) versions offer the buyer the huge advantage of purchasing the same software at a significantly lower price.
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