Legally purchasing used server licenses: What applies to businesses

Short answer: Yes, even server licenses such as Windows Server and SQL Server may be resold second-hand according to the ECJ ruling. For enterprise software, an additional rule applies: volume license packages may not be arbitrarily split into individual licenses - a package of 32 cores cannot be sold as four individual licenses of 8 cores each.

The legal basis also applies to server software

In 2012, the European Court of Justice ruled in the UsedSoft vs. Oracle case that the manufacturer's right of distribution is exhausted once a software copy has been sold for the first time in the EU with its consent. The ruling does not distinguish between client and server software - it applies to Windows Server and SQL Server just as much as it does to Office or Windows.

The special feature of volume licenses

Server software is almost exclusively distributed via volume licensing programs such as Open License or Select - single-user retail versions are unusual for server products. The Federal Court of Justice has specified that a volume license package may not be arbitrarily divided. If a company sells, for example, a SQL Server license for 32 cores, it must be transferred as a contiguous block - not in arbitrary subsets to different buyers.

"The provider wanted to sell us eight cores from a much larger package, but could not explain how the remaining cores were used." An IT manager describes why he refrained from this offer, even though the price seemed attractive at first glance - and instead bought from a dealer with a fully documented license chain.

What this means for you as a buyer

• Ask for the original contract size of the license, not just the core or CAL count you are buying
• A reputable dealer can prove the complete license chain including the original contract
• CALs can generally be transferred in subsets more easily than server core licenses

What companies should pay particular attention to when buying

For a license audit of enterprise software, not only the invoice counts, but also continuous documentation: initial acquisition, every transfer, deletion confirmation from the respective previous owner. At Firstsoft, this chain is individually checked and supplied for each server license.

Conclusion

Used server licenses are just as legal for companies as used client licenses - with the additional due diligence to ensure that volume packages are not impermissibly split. Take a look at our entire server range, each license with complete documentation.