Is it Legal to Sell Student Licensed Office 365 Accounts Purchased in China through a Company in Germany?

Question from tekii, Is it Legal to Sell Student Licensed Office 365 Accounts Purchased in China through a Company in Germany?

Answer from AI:

The legality of selling student licensed Office 365 accounts purchased in China through a company in Germany is a complex issue that involves international law, intellectual property rights, and licensing agreements.

Understanding Software Licensing

Software like Office 365 is typically sold under a license agreement, which is a legal contract between the software manufacturer (in this case, Microsoft) and the user. The license agreement outlines how the software can be used and any restrictions on its use.

Microsoft’s product licensing terms generally prohibit the resale of their software licenses without their express permission. This includes student licenses, which are typically offered at a discounted rate and are intended for personal use by students only.

International Law and Intellectual Property Rights

International law and intellectual property rights also come into play. Selling software licenses across borders can involve complex legal issues, including import/export regulations and differing intellectual property laws.

In Germany, the Copyright Act protects software as a literary work. Unauthorized distribution, including resale of software licenses, could potentially infringe on Microsoft’s copyright.

Legal Advice is Recommended

Given the complexity of this issue, it’s strongly recommended that you consult with a legal professional who specializes in intellectual property law and international business. They can provide personalized advice based on a thorough understanding of the relevant laws and regulations.

Steps to Take

If you’re considering this type of business, here are some general steps you might take:

1. Review the terms of the software license agreement for the Office 365 student licenses. Look for any restrictions on resale or transfer of the license.
2. Consult with a legal professional. This is a complex issue that requires expert advice.
3. If necessary, contact Microsoft directly to inquire about their policies on resale of software licenses.

Please note: This information is intended as a general guide and does not constitute legal advice. Laws and regulations can change, and they can vary from one jurisdiction to another. Always consult with a legal professional for advice tailored to your specific situation.