Licence audits
Major vendors regularly audit their customers. A first self-assessment often shows an apparent shortfall, particularly in virtualised or cloud environments. Before data is handed over, scope and method of the audit should be clarified on the basis of the actual audit clause. We review the licence metrics, prepare our own inventory and negotiate with the vendor – frequently reducing claims substantially.
Open source compliance
Permissive licences (MIT, BSD, Apache) mainly require notices. Copyleft licences (GPL, AGPL) may require derivative works to be released under the same licence. We help development teams identify components, assess obligations and set up a compliance process.
Used software
Under EU law, the distribution right in software licensed for an unlimited period against payment can be exhausted, allowing resale if the seller makes its copies unusable. Volume licences may not be split arbitrarily. Proper documentation is essential.
Case studies: Software Licensing
Vendor audit with six-figure claim
GPL component in a device firmware
New subscription licensing model
The examples are typical, anonymised and simplified scenarios from our practice. Every case is different – the outcome depends on the individual circumstances.
Our services: Software Licensing
- Licence audit defence
- Licence agreements and EULAs
- Open source compliance
- Used software transactions
- Licensing models for software vendors
- Copyright infringement disputes
How we work with you
FAQ: Software Licensing
Do I have to cooperate in a licence audit?
That depends on the audit clause in your contract. Audit rights are usually limited – for example to reasonable notice, business hours and confidentiality. Clarify scope and method before providing data.
Can I use open source software in commercial products?
Yes, provided you comply with the respective licence terms. Copyleft licences may require you to release derivative works under the same licence.
Is reselling used software legal in Germany?
Generally yes, if the licence was granted for an unlimited period against payment and the seller makes its copies unusable.
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