Allocating exploitation rights in custom software development — especially in the sensitive context of military procurement — poses intricate legal questions under German copyright and contract law. In a thoroughly reasoned judgment dated 16 January 2025 (5 U 93/23), the Hanseatic Higher Regional Court (OLG Hamburg) clarified when a contractor may claim injunctive relief to stop third-party use of military software and where the limits lie if the contractor holds only simple usage rights.
This decision is legally significant beyond this individual case: it refines key aspects of the scope of Section 97(1) of the German Copyright Act (UrhG) and the purpose transfer doctrine (Zweckübertragungslehre) under Section 31(5) UrhG in the specific context of commissioned software projects for the German Armed Forces (Bundeswehr).