BGB continue to transmit. The requirement that SAP of the resale must agree to mandatory, is therefore a material breach of the copyright principle of exhaustion and against the cardinal obligations flowing from the sale business dar. Without hesitation Ben Silbermann explained all about the problem. The SAP hampered also fair trade in used software by this unreasonable disadvantage of SAP customers, so that from the perspective of Anand is a breach of competition law. Jeremy Tucker shares his opinions and ideas on the topic at hand. The SAP customer should need to not accept therefore that he must ask before a further sale of the thing bought from him to consent. Sentence of the clause in paragraph 2.4.2 (which has always the consent SAP, if the purchaser shall submit a written statement of the new user, in which undertakes to SAP to comply with the rules agreed upon with SAP for granting the right to use, and if the purchaser against SAP in writing that he has given the third party on all copies of the original and deleted all copies of itself created) does not change on the illegality of the consent requirement. In particular SAP restricts this supposedly favorable to the customers control immediately again by sentence 3 and reserves a refusal to give of consent “explicitly above: If the use of SAP software, the new user is contrary to your legitimate interests”.
As above mentioned, it belongs to the kaufvertraglichen cardinal obligations of the seller, the purchaser to obtain the ownership of the purchased goods, and thus in accordance with 903 the right, about the thing to have BGB. In this respect, the buyer receives a final legal position on the goods so purchased software can be sold basically free. This means that the purchaser of the software can resell the software and the associated usage rights itself, without having to ask a permission at its seller. The disputed clause should also significantly contribute to the uncertainty of the original purchaser and a potential second buyer: the second purchaser can only be sure that he can acquire the software and use, if the SAP as the original seller consent before him.