Used Software: New injunction against Microsoft

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Used Software: New injunction against Microsoft

At the request of the FBS Allgäu GmbH , the district court (LG) Hamburg under
an injunction of Microsoft Corporation and Microsoft Germany forbidden to
repeat key messages to trade with used software. Affected by the disposal
statements, Microsoft had released on a website to discuss licensing rights.
As a result, the used software dealer felt in his business and had unfairly
impeded Microsoft leave us a competition caution. This was rejected by the
software giant, which ultimately led to the action before the district court
of Hamburg.

The 27th Civil Chamber of the Court of Hamburg Microsoft prohibited by order
of 22 August 2012 (Ref: 327 O 438/12) the repetition of the following
statements for competitive purposes on the Internet:

"The license for OEM software on a used computer may not be transferred to a
new or used computer. All the used computers, including the software media,
manuals and certificate of authenticity, but can be distributed with the
software license rights to another end user."

"In general, the license of OEM or OEM System Builder software can not be
transferred to a new or different computer. All the used computers, including
the software media, manuals and certificate of authenticity, but can be passed
along with the software license rights to another end user be. "

"In accordance with the OEM license agreement, Microsoft OEM operating system
software can not be transferred from one computer to another. If the license
was once installed on a computer, it is bound to this."

In the event of an infringement threatens Microsoft a fine of up to 250,000
euros. The amount in dispute, the Court of fixed at 150,000 euros and ordered
Microsoft to pay the costs.

To a telephone opinion was the press office of Microsoft Germany not ready.
Our written request for comments remained unanswered. ( gs )