After extensive research involving WEKA CRN media, Microsoft Lizengo, known as a price breaker for Windows and Office licenses, is said to have sued.
Lizengo vouchers sold through Edeka, beverage stores and other outlets, which allow customers to buy Microsoft products very cheaply, are likely to receive legal action. As reported by CRN, Microsoft has sued Lizengo provider in the meantime.
General case law allows the sale of previously purchased software
Legal judgments must be carried out in the area of tension. Although the court has repeatedly confirmed that software license buyers must resell their licenses without a hitch. It is in this legal case that companies like Lizengo have built their business models.
Allegedly, they bought a large number of excess licenses and distributed them cheaply. The customer then receives a license key that allows them to load the product from the manufacturer's server and activate it after installation. There is nothing wrong with that, arguing providers like Lizengo with regard to the spoken law.
Software companies like Microsoft see this problem but are more differentiated. Although they do not dispute the legality of the case. However, the existence of a license key alone is not proof of a valid license. Compared to Heise, Microsoft has compared it to the presence of flat keys. Finally, it will not be a valid proof of rent.
However, at first it seemed that Microsoft only accepted business models such as Lizengo's. So Heises did not come to the conclusion that buyers might not need to be afraid if they chose Lizengo products, as long as they kept receipts carefully.
Microsoft clearly needs time to research
With this security allegation, must be concluded after filing a claim. It is more likely that Microsoft needs time to research the facts. However, the decisive problem here is whether the Lizengo license key is actually based on a valid license, which can then be sold.
And right at this point, serious inconsistencies emerge. The online publication of WEKA CRN has independently researched and also obtained its own various licenses to be submitted to Microsoft for review. The results of this review cite CRN as a hair enhancer and surpass the worst fears.
Dubious licenses in all product categories
According to Microsoft's Product Identification Service (PID), some of the "Office Home and Student 2016" Edeka license keys obtained by customers originally came from the OEM program for China and could not be sold or sold in Germany.
The keys are sold for "Office Standard 2016" in some cases, according to Microsoft, because of volume licensing agreements with universities abroad. Although each has only one license, these individual keys are clearly demonstrated by Lizengo to several different customers, some of which have been activated more than twenty-five times. Further research by the manufacturer later revealed that the university mentioned did not even know about the contracts that were running on their behalf.
Also, the license key for "Windows 10 Pro" proved to be partly dubious. Thus, it was found that the key was originally given to a university in the United States under a special licensing program for educational institutions. That would not allow them to be resold in Germany. In addition, there are some cases where the key has been shown to be activated several times.
CRN claims to have found the same key in a different voucher. Lizengo's claim that they would legally buy and sell excess stock is doubtful, according to the results of the investigation.
Requests from various software distributors also revealed that they had not sold or sold licenses to Lizengo.
Industry experts have doubted from the start
In the past, industry experts doubted the truth of the statement of excess inventory purchase. They ask why customers have to accumulate excess stock so large. After all, they would only be able to defeat them at a lower price than they had previously paid.
In addition, Lizengo overstocking cannot be done in a coordinated and simple industry manner so that it can result in sustainable supply to supermarkets and other outlets. All questions and problems must now be resolved by the court.
So the conflict affects the customer
Based on the customer, the legal construction of the so-called "goodwill acquisition" remains a potential anchor. This raises the question whether the customer has bought the product in good faith, what he will get from the usage rights or whether he has or should have knowledge about the wrong offer.
For the last assumption can speak of low prices, which can make alarms ring a bell even for uninformed customers. However, Lizengo's price is always far below the price mentioned by Microsoft. In part, Lizengo even offers products that cannot be purchased by private customers at Microsoft.
The important question legally is not whether this situation will ring alarm bells canbut if he has an alarm bell sounds should. This assessment finally touched the court.
In any case, the recent acquisition of Microsoft licenses from the Lizengo portfolio in the knowledge of the actions now completed is not recommended without further ado. Interested parties must wait for the results of the lawsuit. The fact that Edeka and the others took the voucher card for a while from the shelf, should only be a matter of time.