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License Agreement
The judgment of the Federal Court of 7 July 2001. the sale of OEM
versions and DSP License iconVersionen was allowed without associated hardware.
In the computer industry, manufacturers are called OEM, which we made products
or systems of purchased components. Therefore, they may use this license on any
computer xbeliebigem. This is in federal court judgment of 06.07.2000 - also
clearly documented I ZR 244/97.
Microsoft must put in the OEM dispute defeat
The Bundesgerichtshof (BGH) has led dispute over the coupled Sales
of software and PC hardware dismissed in for months a lawsuit by Microsoft
against a Berlin PC manufacturers and thus also the legal status with hardware
"gebundelter" programs ( "Original Equipment Manufacturer
"(OEM) - or" Delivery service Pack "(DSP) software) determines
which had been disputed among lawyers.
Yesterday, July 6, 2000 the 1st Division of the Supreme Court has
decided after an oral hearing that a software company traders who are not
contractually associated with it, each resale of "entbundelter"
Software - the manufacturer marking only the joint distribution with particular
the new hardware is provided - to consumers can not prohibit. According to BGH
The copyright provides no recourse for the enforcement of such sales
restrictions.
This sets the highest competent federal court a line under a
dispute between Microsoft and many traders who are not direct contractors of
the software group, but individually OEM or DSP versions about Windows or
Office packages or with self-imposed (also used) Hardware proposed to end
customers.
As a special slap the software industry, the adoption of the
Supreme Court can be said that the split distribution of software represents
(as a regular full-price and when discounted OEM version) is not a necessary
and worthy of protection law. Microsoft had argued that in the interests of
combating piracy to be dependent on such marketing concept. If the company
Microsoft programs at a discounted price PC makers abgebe to promote PC
original equipment with their products, had no reason - according to the BGH -
why not interested should come to an isolated copy of the program to benefit
from the lower price. The interest of a manufacturer, different market segments
to use with different prices, so it was said, would not otherwise protected by
the legal system. In the language of the house Microsoft the actual OEM
versions, which are once again significantly cheaper than DSP products
(Microsoft products), major contractors such as Compaq, IBM, Dell or Fujitsu
Siemens reserved - depending on contracts obtained this hardware manufacturers
only the necessary licensing rights to equip their products with the
appropriate software, but no complete original packages.
German copyright law allows the author of a protected work (or
about the manufacturer of the software product) to determine, among other
things about the reproduction and use of his work and to grant third parties
the relevant rights fee. This disposal right of the author, which always refers
directly to each individual item produced, however, exhausted by its delivery
(or transfer of manufacturing rights) to a licensee - for example, an OEM
partner. The manufacturer can thus for example an end customer who only has an
agreement with its dealers, but no direct contract with the manufacturer, not
ban, be legal erstandenes copy to sell, unless he changed nothing in it.
The BGH has now thus creating a piece of legal certainty. A
certain distribution channel can not be enforced by means of copyright.
Consequently, now is also likely to an end customer, which is about an OEM -
acquires product with a new computer and this operating system does not use the
software in good conscience continue to sell. Neither he nor the ultimate
purchaser would thereby violate the copyright.
Source:
spotlight-wissen.de
