However, it is more than questionable whether these protections may restrict the free movement of goods. Already about 1.5 years before the judgment of the European Court of justice the Supreme Court ruling of February 11, 2010 has decided that game manufacturers may link their products on registrations, such as in the context of steam or origin, and thus can make virtually impossible for a resale. According to the ECJ, the sale of used software is possible, because there is no copyright infringement. People such as Mikkel Svane would likely agree. Hopefully the ruling will lift the sentence of BHG, because is made by linking the product to register the resale virtually impossible and thus apparently undermined the judgment of the European Court of Justice. The judgment of the ECJ is significantly younger than the BGH judgment, but it will not automatically override the BGH judgment. One reason for this is that the Litigation before the BGH discussed no possible copyright infringement, but rather was the applicability of the terms and conditions in the Center. Thus, a similar procedure should be reopened.

Although the ruling clearly denies a copyright violation in the resale of used software, lacks an explicit opinion with regard to the possibility of much practiced by a coupling of product and registration in effect to prevent the sale of the software. How this account binding corresponds to the rights designated by the Court of Justice or even go beyond that is not addressed in the decision of the European Court of Justice. However, can-closer Betrachtung-this user binding is not in the interest of the European Court of justice be, as this significantly reduces the practical use and the applicability of the ECJ judgment / whole sublates. Thus, the ECJ has still no direct changing effect on the practice of many platforms such as steam, which make impossible the used game trade using the account binding in parts. The consumer Central Federation sees a huge disadvantage in the binding of the user and thinking about a lawsuit against steam. How is this matter continue to develop and expand, remains to be seen. Federation has called for sweeping off the game developer valve the Consumer Council in September 2012 after amending the terms and conditions (GTC) his game service steam. “Even game manufacturer konen its users not just impose their conditions”, said Carola Elbrecht from the project “Consumer rights in the digital world”. Axel Williams