The three conditions
- Lawful first placing on the market. The licence must have been sold for the first time within the EU or Switzerland with the rightholder's consent.
- Proper transfer. The previous owner may not continue to use the software after the sale. The licence transfers entirely to the new owner.
- Complete proof of purchase. A proper invoice documents the lawful acquisition. With us, that is the VAT invoice in Swiss format.
Why this is the rule
Behind the legality stands the exhaustion principle under Art. 12 para. 2 of the Swiss Copyright Act. It states that the rightholder resale of a work copy that has once been lawfully sold cannot prohibit.
European case law reached the same conclusion with the CJEU judgment C-128/11 of 2012 and expressly clarified that this also applies to digitally downloaded software. Used software is therefore not a legal grey area, but a practice secured by the highest courts.



