Software licensing: SAP terms and conditions are not above European law

[Cristopher Hamm]

SAP attempted to sue Susensoftware for reselling second-user licences, but the Hamburg court stated that two clauses in SAP’s general terms and conditions for licensing and maintaining standard software were anti-competitive.

From a second-user perspective, the court stated that SAP’s clause which stipulated that it required written approval for software transfers, was not legally binding .