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Software licensing, explained · Guide

Reselling software licences, safely.

Can you resell a software license? The law in the EU and US, how a licence moves to a new buyer's computer, and how escrow and royalties protect everyone.

Updated 10 November 20266 min readBy the Pramaan team

In this guide

Is reselling software legal? Why resale is usually unsafe How a licence resale should work What the publisher controls Questions

In short

  • In the EU, the first sale of a perpetual licence for downloaded software can exhaust the publisher's right to stop its resale (UsedSoft v Oracle, 2012), if the seller's copy becomes unusable.
  • In the US, resale usually depends on the licence terms; courts often treat software as licensed, not sold.
  • Safe resale needs three things: the seller's copy stops working, the buyer's copy is sealed to the buyer, and the money is held until it works.
  • On Pramaan, the publisher allows resale, sets a minimum price and earns a royalty on every resale.

Is reselling software legal?

In the European Union, the Court of Justice held in UsedSoft v Oracle (C-128/11, 2012) that when a publisher sells a perpetual licence to downloaded software, its right to control that copy's resale is exhausted, provided the seller makes their own copy unusable. In the United States, courts have often treated software as licensed rather than sold (for example Vernor v. Autodesk, 2010), so whether a licence can be resold usually comes down to its terms. This isn't legal advice; the safest resale is one the publisher has agreed to.

Why resale is usually unsafe

Second-hand software has a trust problem on both sides. The buyer can't tell if a key has already been used, revoked or shared. The seller can't prove they've stopped using it. And the publisher sees their software change hands with nothing in return. That's why most "used licence" deals happen in grey markets, if at all.

How a licence resale should work

  1. The buyer pays into escrow, not to the seller.
  2. The publisher seals the licence to the buyer's computer; it stops working on the seller's.
  3. The buyer's computer checks it opens, then the buyer confirms and the seller is paid. If it doesn't open, or isn't delivered in time, the buyer gets everything back.

That's exactly how Pramaan's licence resale works, with the escrow held by a public smart contract nobody, Pramaan included, can take money from.

What the publisher controls

  • Whether buyers may resell an app at all.
  • A minimum resale price, per currency, enforced by the contract, so nobody undercuts the original.
  • A royalty on every resale: 8% unless they choose another rate, up to 30%. Pramaan's commission is a fixed 2%.

Resale turns a copy that might have been passed on for free into a sale the publisher is paid for. Buyers on Pramaan Marketplace see every reseller's price next to buying new, and can buy from anyone.

Questions

Can I resell a software license?

In the EU, a perpetual licence for downloaded software can generally be resold if your own copy is made unusable. In the US it usually depends on the licence terms. On Pramaan Marketplace, resale is allowed when the publisher allows it, and it's handled with escrow.

How do I know a second-hand licence works?

On Pramaan, your payment is held in escrow until the licence opens on your own computer. If it doesn't, or isn't delivered in time, you're refunded in full.

Does the original publisher get anything from a resale?

Yes. The publisher earns a royalty on every resale (8% by default, up to 30%), can set a minimum resale price, and can turn resale off for an app.

Related guides

  • How to Sell Software Online and Get Paid InstantlySell desktop and phone apps online: free trials, offline licences, instant stablecoin payouts, licence resale with royalties, and no licence server to run.
  • Node-Locked vs Floating Licenses ExplainedNode-locked (device-locked) and floating (concurrent) licenses compared: how each works, when to use which, and how hardware binding beats a hardware ID check.
  • How to Protect Software From Piracy (2026 Guide)Practical ways to stop software piracy: why licence keys and checks get cracked, how hardware-bound licences and leak tracing work, and what works offline.

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