Bitkom's working group "Intellectual Property" has published a guide on trading "used" software. Based on the difficulties regarding the legal classification of distributing used goods and the uncertainty for customers, Bitkom considers it useful to analyze the existing case law and to provide some information on the distribution of used software and its legal classification. The aim is to clarify and answer issues that have been settled or for which the supreme court(s) have reached a clear decision, but also to provide an overview of those issues that are either disputed or remain to be addressed.