The two legal anchors: brief and concrete
The core is simple: software is to be treated legally like a book. Anyone who buys a book may resell it, even if they have read it only once. This "exhaustion principle" has applied since the CJEU ruling of 2012 to digitally delivered software as well, provided it was sold with a permanent usage licence.
| Legal anchor | Case reference / source | What it means in concrete terms |
|---|---|---|
| CJEU ruling | C-128/11, dated 03.07.2012 | The exhaustion principle also applies to digitally delivered software. Anyone who lawfully acquires a licence may resell it. |
| Swiss Copyright Act (URG) | Art. 12 para. 2 | Exhaustion principle applies to copies of works placed on the market, an analogous legal situation to the EU. |
What you should check as a buyer
- VAT invoice as a proper proof of purchase. Mandatory. Without a PDF invoice showing VAT in the Swiss format, there is no business voucher and no audit proof.
- The seller is a genuine, verifiable company. More important than legal buzzwords: does the provider have a public commercial register entry and a valid VAT ID number? You can check this yourself in two minutes. Check the retailer yourself below.
- A real telephone number and live support. Anonymous shops with no genuine means of contact are the biggest risk signal.
- Reviews on independent platforms. Trusted Shops, not the provider's own review sections curated by the provider itself.