Lizenzen als handelbare Güter? Nutzungsrecht und Nutzungsgegenstand im Softwareverkehr

According to the jurisdiction of the European High Court in the case of »UsedSoft« in 2012 the literature in Germay already is discussing about trading with »second-hand-software« including the licenses, which are established by the software producer and the software user. The article focusses the question, if and how far the new decisions of the courts modify the conditions of transferring copyright and also software licenses. In the opinion of the author, § 34 UrhG is still unmodified by the courts; the buyer of second hand software is able to use the software only based on § 69 d UrhG.