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Legal background of used software

Legal background of the sale of digital products

This page provides an overview of the legal framework within which SpaceNET Gameshop operates and explains the basis on which the legality of offering digital products (access data, accounts, and licenses) on this platform rests. The text is informational in nature and does not constitute legal advice.

1. Platform status and product origin

SpaceNET Gameshop acts as an e-commerce platform and technical intermediary through which independent suppliers and legal entities offer digital products to end users. The digital products delivered are procured through lawful codes and sources obtained from authorized partners and suppliers, and are prepared as a service for delivery to the end customer.

The access data and accounts remain under the control and management of SpaceNET Gameshop for the purpose of providing warranty, support, and preventing misuse, while the customer receives the right of use in accordance with the Terms of Use. SpaceNET Gameshop is not a manufacturer, publisher, or official distributor of any game or platform and does not present itself as their authorized representative.

2. Trade in lawfully acquired digital licenses

The question of the trade in "used" and lawfully acquired software has been considered by the Court of Justice of the European Union (CJEU). In case C-128/11 (UsedSoft GmbH v Oracle International Corp., 2012), the Court took the position that the exclusive right of distribution of a copy of a computer program is, under certain conditions, exhausted upon the first sale by the rights holder or with their consent, thereby opening the possibility of further trade in such a copy.

In accordance with this case law, the trade in lawfully acquired digital licenses, provided all relevant conditions are met, represents a recognized legal possibility on the European Union market. SpaceNET Gameshop operates in accordance with applicable regulations and relevant case law, and interprets each offering and delivery in light of the applicable legal framework.

Note on interpretation: The legal framework in the area of digital products is complex and subject to development through more recent case law and regulations (including regulations on copyright and electronic commerce). SpaceNET Gameshop follows this development and adapts its practice, not relying exclusively on a single source, but on the overall applicable legal framework.

3. Intermediary role and protection of third-party rights

As an intermediary that enables the offering of products from independent suppliers, SpaceNET Gameshop acts in accordance with the principles governing the liability of intermediaries in electronic commerce, including the framework of the E-Commerce Directive (2000/31/EC) and the Digital Services Act (Regulation EU 2022/2065).

SpaceNET Gameshop respects the intellectual property rights of third parties and has an established procedure for reporting disputed content. Rights holders or their authorized representatives may submit a takedown request in accordance with the procedure described on the Report Abuse page.

4. Disclaimer of affiliation

All product names, trademarks, logos, and registered marks belong to their respective owners and are used solely for descriptive and informational purposes, to identify products. Their mention does not imply any affiliation, sponsorship, partnership, or endorsement by the rights holders.

5. Governing law

The specific legal entity carrying out an individual transaction, as well as the governing law and jurisdiction, are determined according to the entity that carries out that transaction and the method of payment, as further specified in the Terms of Use. Transactions carried out by SpaceNET Gameshop LTD (United Kingdom) are governed by the law of the United Kingdom, while transactions carried out by the legal entity in the Republic of Serbia are governed by the law of the Republic of Serbia.

For any questions or concerns regarding the legal background of the digital product offering, as well as for the submission of requests by rights holders, you may contact us at admin@spacenetgameshop.net.

SPACENET GAMESHOP

VAT/Tax ID (PIB): 111645681 ; Company No. (MB): 65563916 – Serbia, Slave Kovića 33, 15350, Bogatić

 

SPACENET GAMESHOP LTD — Registration number 14597999, UK

Address: 71-75 Shelton Street, London, WC2H 9JQ

E-mail: admin@spacenetgameshop.net

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