The Dortmund District Court has issued an interesting ruling on a competition law issue. As a result, the used software pioneer usedSoft may quite rightly continue to present itself as the only B2B specialised used software provider that has a professional online shop. Our opposing party no doubt thought a different conclusion would be reached…
This judgement was based on a so-called injunction procedure, which had been initiated by another, to date rather inconspicuous market player. This competitor had been upset about a statement made by the used software trader usedSoft in a sales mailing. In this mailing, usedSoft truthfully presented itself to its commercial customers as the only B2B used software dealer that maintains a professional online shop (www.usedSoft.com). Our competitor then filed an application with the Dortmund District Court to prohibit usedSoft from making this statement by means of an interim injunction.
This request came to trial. After an extensive examination of the facts and the legal situation, the court’s verdict (docket no. 4 O 309/21) was clear: our competitor’s application was rejected in its entirety and they had to bear the costs of this legal dispute.
“We don’t claim anything that we cannot fully prove”, pointed out usedSoft Managing Director, Peter Schneider, after the ruling. “The fact that a few software dealers have a different relationship to the truth is sad, but it isn’t our problem. In any case, customers can always rely 100% on usedSoft, and have done so for almost 20 years”.
In usedSoft’s online shop, customers can take care of their software procurement with just a few clicks. The ordering process in the online shop is done on a fully automated basis: ordering, payment, licensing and delivery all take place in a single operation. The online shop offers usedSoft’s entire product range and was designed to be user-friendly through the inclusion of a shopping cart, a simple ordering process, a wide range of payment options and many other features besides. The usedSoft shop is available in German, English, French and Italian. Only this summer, the renowned IT journal manage it presented the usedSoft online shop www.usedSoft.com with the seal “Germany’s best online shops” in the B2B software category.
The systematic digitalisation of its retail business – with the online shop at its centrepiece – has been usedSoft’s Europe-wide growth engine for years. “Our online shop is a service that ever more customers are discovering for themselves and a trend that has grown even more strongly over the last couple of years owing to the coronavirus crisis”, noted Schneider. “Overall, we are regularly recording high, double-digit growth rates in online shop sales. This can be 50 per cent or even higher in normal years. This is the future of used software trading.”
Founded in 2003, usedSoft is a leading European supplier of used standard software. The buyers of usedSoft licenses include companies as well as public authorities and software traders. The cost savings achieved by buying second-hand licences are up to 50 percent of the sale price. Included among the more than 16,000 customers of the usedSoft Group are Alete, s.Oliver, Segafredo, the Roederer champagne brand, Munich Airport, the football team 1. FC Kaiserslautern as well as various law firms such as Kanzlei Graf von Westphalen. Authorities are also increasingly implementing used software. More than 1,500 public authorities, cities and municipalities rely on usedSoft licenses. The company’s Administrative Council consists of the former head of IBM Europe, Hans-Olaf Henkel, the former Finance Minister of Baden-Wuerttemberg, former CEO of Bayer, Manfred Schneider, and Attorney at Law Dr. Matthias Söffing.
usedSoft on the web