The business model of SAP (3/6) Herzogenrath, 23 July 2013. SAP uses current general terms and conditions for the provision and maintenance of standard software”as of July 15, 2011. On October 25th, 2012, susensoftware suit against SAP due to competition has filed and finds fault with three clauses in the general terms and conditions. SAP, however, holds harmless legally all disputed clauses. A first hearing in Hamburg takes place on August 7, 2013. 1 contested clause from the SAP terms and conditions arrangements for the deployment of SAP Software section 2.4.2 of the general terms and conditions is as follows: the transfer of SAP software requires in any case the written consent of SAP.
SAP is the approval grant, if the customer shall submit a written statement of the new user in the is this to SAP to meet committed software agreed rules for the SAP to the granting of the right to use, and if the contracting authority against SAP in writing that he all SAP software original copies the third party has passed and all has deleted copies are created. SAP may refuse the consent, if the use of SAP software, the new user is contrary to their legitimate interests.” SUSE software complains about combining compelling (in any case”), a redistribution of the software with the consent of SAP. In July 2012, the European Court of Justice (ECJ) decided that a software manufacturer not may oppose the resale of the software by the purchaser, unless certain conditions are met. SAP has not responded to this ruling of the European Court of Justice but at all and will continue to use general terms and conditions, which couple the redistribution of the software to the mandatory approval of the SAP. This practice is contrary to the case-law of the Court of Justice according to Anand. The ECJ has explicitly declares copyright exhaustion principle applicable to trade in used software which allows the purchaser of the software, to distribute the software to any third party.