Product-key distribution

Microsoft asserted copyright claims against the defendant on the grounds of the infringement of its trademark rights due to the transfer of a product key to third parties. This product key allows the reproduction of different versions of the computer program "Microsoft Windows 7". The defendant acted on the Internet platform "eBay" with Microsoft computer programs and distributed its products in its own web shop. This can be a competition law violation but not a copyright infringement. The mere sending of a product key for a computer program is not a copyright infringement and does not constitute any right to information or claim for damages. [OLG (Higher Court of Appeal) Munich 22.09.2016, 29 U 3449/16]