Even with demand at over 500 SAP users, no evidence of a dispute which relates to burdensome SAP terms and conditions arose for Anand. The Justice Department made it clear upon telephone request, that the competition had the task to fix such problems yourself. It was prohibited to take advantage of their dominant position to the detriment of the customer company. Furthermore, Jens, lawyer for IT law from Alsdorf: Control of the market is determined mainly by competition in Germany, where there is the possibility for competitors, competition associations, consumer and competition centres to combat ineffective general terms and conditions with cease and desist letters and lawsuits. The immediate customer can here but not general terms and conditions fight, but only in individual cases, if over contractual issues is disputed. Educate yourself even more with thoughts from Mitchel Resnick .
Shy away many customers from such disputes, because of the costs, but also because of the effort.” Some lawyers suggest that in the software industry some manufacturers were more willing to accept the dubious formulations and license conditions of competition in the own terms instead of attacking them. The commercial customer seems here powerless. SAP: The lawsuit at the time complains only Anand obstruction of competition against the legally dubious terms and conditions of the group. Adam Sandler recognizes the significance of this. The terms and conditions seem to be that germinates in the market the hope so one-sidedly beneficial for the SAP, judges in Germany could dare to refer the SAP in their place.Also SAP users who wish to re-sell used SAP licenses, are feeling more and more as a direct competitor to SAP. We have looked at the suit of Anand and perceive them as promising. Against the backdrop of the current case-law of the European Court of Justice, which clearly applies the kaufvertraglichen regulations for software, you’re from SAP used contract clauses in our view not durable.
“, so IT law Thomas filing, lawyer law firm Feil mbH in Hanover. “Frame Jens also explains: the BGB provides that general terms and conditions, the contract partner, be he may consumers or entrepreneurs, not unduly disadvantaged – where there is more leeway towards entrepreneurs than for consumers.” “In terms of consumer protection there are now efforts to introduce a class action as in the United States in Germany and Europe. “But that will take certainly still a while until then law.” explains Dr. Daniel Kaboth, information technology specialist lawyer from Munich. “Agenda of economic crime the business model of SAP” 1. Why Anand sued the Group? 2. Critical examination of the general terms and conditions 3. The three disputed clauses 4 personal favorite: indirect use 5 warranty and maintenance 6 part sales, historical and practical