• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Rechtsanwalt Marian Härtel - ITMediaLaw > Blockchain and web law > The legal nature of license keys on the blockchain

The legal nature of license keys on the blockchain

17. May 2024
in Blockchain and web law, Copyright, Law and computer games
Reading Time: 4 mins read
0 0
A A
0
xxdixokaejlv9es08dc9
Key Facts
  • License keys are proof of the right to use software and allow access to the full version.
  • The blockchain allows license keys to be managed and transferred as tokens, which provides traceability.
  • Tokens are not regarded as objects within the meaning of the German Civil Code (BGB), but as other objects with corresponding rights.
  • The principle of exhaustion under copyright law allows the resale of used software licenses without the consent of the rights holder.
  • License agreements on the blockchain must define clear usage restrictions and technical transfer modalities.
  • Tokenization opens up new opportunities for trading software licenses, but poses legal challenges.
  • The legal framework must be further developed, particularly with regard to liability and the principle of exhaustion.

License keys have long been used in the software industry to control and monetize the use of programs. The purchaser of the software receives an individual key that gives him access to the full version. Without this key, the software can usually only be used to a limited extent or not at all. But what is the legal nature of such license keys and how can they be combined with modern technologies such as blockchain? And what impact does this have on the drafting of contracts for the sale of license keys?

Content Hide
1. License key as proof of rights of use
2. Tokenization of license keys on the blockchain
3. Legal classification of tokens
4. Exhaustion principle for software licenses
5. Designing license agreements on the blockchain
6. Conclusion and outlook
6.1. Author: Marian Härtel

License key as proof of rights of use

From a legal point of view, license keys primarily represent proof that the owner has acquired certain rights of use to software. The license agreement between the manufacturer and user regulates the scope of these rights, such as whether the software may only be installed on one device or several devices, whether updates and support are included and whether the license is valid for a limited or unlimited period of time.The license key thus serves as a kind of evidence with which the user can document his entitlement to use the software vis-à-vis the manufacturer. At the same time, it acts as a technical access control, in that the software only unlocks the full functionality when a valid key is entered. In this sense, the license key is similar to a physical key that enables and restricts access to a specific asset.

Tokenization of license keys on the blockchain

By using tokens on a blockchain, license keys can now be managed and transferred in a new way. Instead of delivering the key by e-mail or on a data carrier, it is stored as a token on the blockchain. The buyer receives the token and thus the right to use the software.The advantages are obvious: the transfer of the token can be tracked seamlessly and the current owner can be clearly identified at any time. Unlike conventional license keys, the manufacturer can still track who is using the software even after the sale. In addition, the transfer or resale of the license can be transparently mapped on the blockchain.From the licensor’s perspective, the blockchain therefore offers a high degree of control and security. But there are also advantages for the licensee: They can prove their acquired usage rights at any time using the blockchain history and, if necessary, transfer them to third parties without having to rely on the manufacturer’s cooperation.

Legal classification of tokens

But how are such tokens to be legally assessed? Is it merely a digital license key or an asset in its own right? According to the prevailing opinion, tokens do not constitute objects within the meaning of the German Civil Code, as they exist purely digitally and have no physical embodiment.Rather, tokens are likely to be classified as other items in accordance with Section 453 of the German Civil Code (BGB), to which the provisions on the purchase contract apply accordingly. The purchaser of the token therefore receives the rights embodied therein, in particular the right to use the licensed software.Whether it is also possible to acquire tokens in good faith, as is the case with movable property, has not yet been clarified by the supreme court. There are also still unanswered questions about how the tokenization of licenses relates to aspects such as consumer protection, warranty and manufacturer liability.

Exhaustion principle for software licenses

The principle of exhaustion under copyright law plays an important role in this context. This states that the distribution right of the rights holder is exhausted with the first sale of the software. The purchaser may then resell the software without the consent of the rights holder.In the “UsedSoft” case, the European Court of Justice ruled that the principle of exhaustion also extends to digitally distributed software, provided that the rights holder has granted the first purchaser a right of use for an unlimited period in return for payment of a fee. However, the prerequisite is that the first purchaser renders his own copy unusable when he sells it on.This ruling has far-reaching consequences for the trade in used software licenses. Companies such as UsedSoft, which trade in used licenses, can now invoke the principle of exhaustion. You may resell licenses that originally came from the manufacturer after the initial purchase without having to obtain the manufacturer’s consent.

Designing license agreements on the blockchain

In view of this legal situation, the question arises as to how license agreements can be optimally structured on the blockchain. On the one hand, the contracts should clarify which rights are transferred with the token and which restrictions on use apply. It should be noted that general terms and conditions clauses that prohibit resale are invalid according to the ECJ ruling.On the other hand, the contracts should regulate how the transfer of the token takes place technically and what obligations apply to the initial purchaser. For example, it must be ensured that the first purchaser renders his own copy unusable if he resells the token. The question of whether and how the token is linked to updates and support should also be addressed.Finally, it is advisable to adapt the license agreements to the special features of the blockchain. For example, it could be stipulated that the acquisition of the token and the granting of usage rights only become effective once the transaction has been confirmed on the blockchain. Questions of liability and the applicable legal system should also be clarified in view of the global and decentralized nature of blockchain.

Conclusion and outlook

The tokenization of software licenses on the blockchain opens up new possibilities for trading and transferring usage rights. It offers advantages such as transparency, traceability and automation, but also raises new legal questions.In order to create legal certainty, license agreements need to be carefully drafted, taking into account the special features of blockchain. Further developments in case law and legislation also remain to be seen, particularly with regard to the principle of exhaustion and the acquisition of tokens in good faith.However, it is clear that blockchain has the potential to fundamentally change the trade in software licenses and other digital goods. Companies and rights holders should follow this development closely and address the opportunities and risks at an early stage. Because one thing is certain: the tokenization of licenses is no longer a distant dream of the future, but has long since become a reality.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: AGBAutomationBlockchainCase lawConsumer protectionDevelopmentdigitalE‑mailHaftungJudgmentLegal certaintyLegislationLizenzMailrightSicherheitSoftwareTokenTransparencyVerträge

Weitere spannende Blogposts

Contracts for startups

Contracts for startups
1. October 2024

As an experienced lawyer for start-ups, I have seen time and again how crucial professional contracts are for the long-term...

Read moreDetails

BMF on the treatment of virtual currencies and tokens under income tax law

BMF on the treatment of virtual currencies and tokens under income tax law
7. November 2022

The Federal Ministry of Finance, together with the supreme tax authorities of the German states, has prepared a draft BMF...

Read moreDetails

Alternative financing methods for startups – an overview

Alternative financing methods for startups – an overview
7. November 2022

After I recently explained in detail how you could finance your startup or esports organization etc. with the help of...

Read moreDetails

Digital signatures: legal basis and technical possibilities

Digital signatures: legal basis and technical possibilities
22. May 2024

Introduction: The importance of digital signatures in the modern business world Digital signatures have gained enormously in importance in recent...

Read moreDetails

Advocate General at the ECJ on the admissibility of cheat software

Lego brick still protected as a design patent
14. June 2024

Advocate General at the ECJ on the admissibility of cheat software For many years, I had the opportunity to accompany...

Read moreDetails

Revocation instruction must include address

Attention: Vouchers to existing customers can be advertising!
12. August 2019

On the subject of "loadable address", information in the imprint but also information in the revocation declaration, I have already...

Read moreDetails

Free software also enjoys copyright

copyright
2. August 2019

Time and again you can see that it is believed that free software, especially shareware or freeware, can be packed...

Read moreDetails

ECJ: Is YouTube a copyright provider?

YouTube: What to do about copyright extortion?
28. October 2019

On Friday, I said a few words about the new streaming platform Mixer from Microsoft(see this article). Actually, I wanted...

Read moreDetails

Online retailers: Alcohol sales online only from 18/16!

Attention: Vouchers to existing customers can be advertising!
14. March 2019

At the end of January this year, the Regional Court of Bochum ruled that the age restriction for alcoholic beverages...

Read moreDetails
Federal Fiscal Court

Federal Fiscal Court

27. June 2023

Introduction The Federal Fiscal Court (BFH) is one of the five highest federal courts in the Federal Republic of Germany....

Read moreDetails
6d8826e370a7cb18f15dc7bd0ad68f10

Employee Inventions Act (ArbnErfG)

9. November 2024
European Parliament

European Parliament

30. June 2023
iStock 1405433207 scaled

Series A Financing

25. June 2023
ENISA (European Cybersecurity Agency)

ENISA (European Cybersecurity Agency)

16. October 2024

Podcast Folgen

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

24. September 2024

Welcome to the third episode of our podcast "IT Media Law"! In this episode, we delve into the fascinating world...

Legal challenges in the gaming universe: A guide for developers, esports professionals and gamers

What will 2025 bring for start-ups in legal terms? Opportunities? Risks?

24. January 2025

In this exciting episode of the itmedialaw podcast, we take a deep dive into the legal developments that will shape...

d5ab3414c7c4a7a5040c3c3c60451c44

The metaverse – legal challenges in virtual worlds

26. September 2024

In this fascinating episode, we dive deep into the legal aspects of the metaverse. As a lawyer and tech enthusiast,...

c9c5d7fd380061a8018074c2ca5a81bf

Startups and innovation in Germany – challenges and opportunities

26. September 2024

This insightful podcast episode takes an in-depth look at the startup and innovation landscape in Germany and Europe. The discussion...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung