Beschränkungen der Verkehrsfähigkeit digitaler Güter durch vertragliche Abreden

Contracts concerning the sale of intangible, digital goods often contain clauses which aim to restrict the resale of the goods. This article discusses the possibility and limits of these contractual restrictions. If such restrictions are implemented in general terms and conditions of trade, one can ask whether a waiver of the reselling of digital goods is permitted by law. According to § 307 sec. 2 German Civil Code (BGB) clauses are invalid if they conflict with the guiding principle of the leading rule or with the essential principles of contract. The analysis concludes with the result that neither the first nor the second alternative of the regulation in § 307 Sec. 2 German Civil Code is applicable.