Menu
SAP withdraws appeal in German software resale dispute

SAP withdraws appeal in German software resale dispute

SAP changed its terms and conditions, making an appeal unnecessary, the company said

SAP has withdrawn its appeal in a dispute over the resale of used SAP software in Germany, according to a filing with the Higher Regional Court of Hamburg.

The enterprise software corporation was appealing an October ruling by the Hamburg Regional Court that SAP could no longer require customers to get written permission before they resell SAP software. Two clauses in SAP's contractual terms and conditions requiring such permission were anti-competitive, the court ruled.

SAP appealed the case, but withdrew its appeal in early July, according to a court filing shared by SAP's opponent Susensoftware on Wednesday. Susensoftware is a German reseller of pre-owned SAP and Microsoft software licenses. It brought the case after SAP blocked a deal worth about €30,000 (US$41,000).

The decision to withdraw the appeal means that the Regional Court's verdict will stand, and SAP can no longer restrict the resale of its software in Germany based on those clauses, said Axel Susen, CEO of Susensoftware.

"This is a very important decision for us," he said, adding that he thinks that if you own something you should be able to sell it. But above all, it is a big benefit for customers because their rights became stronger, Susen said.

An SAP spokesman said the company decided to withdraw its appeal because it has changed the clauses in its terms and conditions. Why the clauses were altered and what exactly changed, he could not immediately say.

The court ordered SAP to pay the plaintiff's appeal costs of €100,000, according to the filing.

Meanwhile, Susen said he is not done with SAP yet. "This is the first win," he said, adding that he wants to change the business into a real open market.

He is planning to sue SAP over other contractual clauses within the next three months. "There are ten points in the terms and conditions that I feel are illegal and I will fight to change," he said. He would not say which points he will target, but added, "At the end of the day I'm sure the business will be very different."

Loek is Amsterdam Correspondent and covers online privacy, intellectual property, open-source and online payment issues for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to loek_essers@idg.com


Follow Us

Join the New Zealand Reseller News newsletter!

Error: Please check your email address.

Tags Civil lawsuitslegalSAPsoftwareSusensoftware

Featured

Slideshows

Sizing up the NZ security spectrum - Where's the channel sweet spot?

Sizing up the NZ security spectrum - Where's the channel sweet spot?

From new extortion schemes, outside threats and rising cyber attacks, the art of securing the enterprise has seldom been so complex or challenging. With distance no longer a viable defence, Kiwi businesses are fighting to stay ahead of the security curve. In total, 28 per cent of local businesses faced a cyber attack last year, with the number in New Zealand set to rise in 2017. Yet amidst the sensationalism, media headlines and ongoing high profile breaches, confusion floods the channel, as partners seek strategic methods to combat rising sophistication from attackers. In sizing up the security spectrum, this Reseller News roundtable - in association with F5 Networks, Kaspersky Lab, Tech Data, Sophos and SonicWall - assessed where the channel sweet spot is within the New Zealand channel. Photos by Maria Stefina.

Sizing up the NZ security spectrum - Where's the channel sweet spot?
Kiwi channel comes together for another round of After Hours

Kiwi channel comes together for another round of After Hours

The channel came together for another round of After Hours, with a bumper crowd of distributors, vendors and partners descending on The Jefferson in Auckland. Photos by Maria Stefina.​

Kiwi channel comes together for another round of After Hours
Consegna comes to town with AWS cloud offerings launch in Auckland

Consegna comes to town with AWS cloud offerings launch in Auckland

Emerging start-up Consegna has officially launched its cloud offerings in the New Zealand market, through a kick-off event held at Seafarers Building in Auckland.​ Founded in June 2016, the Auckland-based business is backed by AWS and supported by a global team of cloud specialists, leveraging global managed services partnerships with Rackspace locally.

Consegna comes to town with AWS cloud offerings launch in Auckland
Show Comments