Used software has been discussed in the legal literature for more than 20 years. "Software is a product that can not be subject to a wear process" , determined Prof. Dr. Thomas Hoeren already in 1992.
With software, no wear phenomena occur in the conventional sense.  A software product possession of which is gained by a second party, is therefore not to be regarded as used in the sense of the word. In practice, however, it has become established to call a software, which is sold to a third party by a first-time buyer, used software. In contrast, the term "new software" refers in practice to software without a prior user. It is to be regarded as new because it is acquired directly from the rights owner or from a dealer, usually a company authorized by the rights owner.
Although software does not wear, used software, in particular standard software, which has already been used by a first-time buyer, is significantly cheaper than new software at the purchase price.