• Home
  • Imprint
  • Privacy policy
  • Terms
  • Agile and lean law firm
  • Ideal partner
  • Contact
  • Videos
ITMediaLaw - Rechtsanwalt Marian Härtel
  • en English
  • de Deutsch
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
      • Ideal partner
      • About lawyer Marian Härtel
      • Video series – about me
      • Why a lawyer and business consultant?
      • Principles as a lawyer
      • Focus on start-ups
      • Nerd und Rechtsanwalt
      • Ideal partner
      • How can I help clients?
    • Über die Kanzlei
      • How clients benefit from my network of colleagues, partners and service providers
      • Quick and flexible access
      • Agile and lean law firm
      • Team: Saskia Härtel – WHO AM I?
      • Price overview
    • How can I help clients?
    • Sonstige Informationen
      • Einwilligungen widerrufen
      • Privatsphäre-Einstellungen ändern
      • Historie der Privatsphäre-Einstellungen
      • Privacy policy
    • Testimonials
    • Imprint
  • Leistungen
    • Focus areas of attorney Marian Härtel
      • Support with the foundation
      • Games law consulting
      • Advice in e-commerce
      • Support and advice of agencies
      • Legal advice in corporate law: from incorporation to structuring
      • Legal compliance and expert opinions
      • Streamers and influencers
      • Cryptocurrencies, Blockchain and Games
      • Outsourcing – for companies or law firms
    • Arbeitsschwerpunkte
      • Games and esports law
        • Esports. What is it?
      • Corporate law
      • IT/IP Law
      • Consulting for influencers and streamers
        • Influencer & Streamer
      • Contract review and preparation
      • DLT and Blockchain consulting
        • Blockchain Overview
      • Investment advice
      • AI and SaaS
  • Artikel/News
    • Langartikel / Guides
    • Law and computer games
    • Law and Esport
    • Law on the Internet
    • Blockchain and web law
    • Online retail
    • Data protection Law
    • Copyright
    • Competition law
    • Copyright
    • EU law
    • Law on the protection of minors
    • Labour law
    • Tax
    • Kanzlei News
    • Other
  • Videos/Podcasts
    • Videos
    • Podcast
      • ITMediaLaw Podcast
      • ITMediaLaw Kurz-Podcast
  • Knowledge base
  • Contact
Kurzberatung
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
      • Ideal partner
      • About lawyer Marian Härtel
      • Video series – about me
      • Why a lawyer and business consultant?
      • Principles as a lawyer
      • Focus on start-ups
      • Nerd und Rechtsanwalt
      • Ideal partner
      • How can I help clients?
    • Über die Kanzlei
      • How clients benefit from my network of colleagues, partners and service providers
      • Quick and flexible access
      • Agile and lean law firm
      • Team: Saskia Härtel – WHO AM I?
      • Price overview
    • How can I help clients?
    • Sonstige Informationen
      • Einwilligungen widerrufen
      • Privatsphäre-Einstellungen ändern
      • Historie der Privatsphäre-Einstellungen
      • Privacy policy
    • Testimonials
    • Imprint
  • Leistungen
    • Focus areas of attorney Marian Härtel
      • Support with the foundation
      • Games law consulting
      • Advice in e-commerce
      • Support and advice of agencies
      • Legal advice in corporate law: from incorporation to structuring
      • Legal compliance and expert opinions
      • Streamers and influencers
      • Cryptocurrencies, Blockchain and Games
      • Outsourcing – for companies or law firms
    • Arbeitsschwerpunkte
      • Games and esports law
        • Esports. What is it?
      • Corporate law
      • IT/IP Law
      • Consulting for influencers and streamers
        • Influencer & Streamer
      • Contract review and preparation
      • DLT and Blockchain consulting
        • Blockchain Overview
      • Investment advice
      • AI and SaaS
  • Artikel/News
    • Langartikel / Guides
    • Law and computer games
    • Law and Esport
    • Law on the Internet
    • Blockchain and web law
    • Online retail
    • Data protection Law
    • Copyright
    • Competition law
    • Copyright
    • EU law
    • Law on the protection of minors
    • Labour law
    • Tax
    • Kanzlei News
    • Other
  • Videos/Podcasts
    • Videos
    • Podcast
      • ITMediaLaw Podcast
      • ITMediaLaw Kurz-Podcast
  • Knowledge base
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel
Home Law and computer games

Between player rights and provider obligations – dealing with blocked gaming accounts

19. November 2023
in Law and computer games
Reading Time: 4 mins read
0 0
A A
0
zwischen spielerrechten und anbieterpflichten der umgang mit gesperrten gaming accounts
Key Facts
  • Lawyersblocked gaming accounts and their legal implications.
  • The Higher Regional Court of Dresden ruled that a warning is required before an account is blocked.
  • The Higher Regional Court of Karlsruhe confirmed the same, but emphasized the exceptional cases in which a warning is not required.
  • Transparency and fairness are crucial when it comes to account suspensions in the gaming industry.
  • The principles of the NetzDG could be transferable to the online gaming industry.
  • There is a trend towards more user rights and fair practices in the gaming industry.
  • International providers may need to adapt their practices to meet legal requirements.

Introduction

Content Hide
1. Introduction
2. The challenge of opaque account blocks
3. Insight into two exciting rulings
3.1. Decisions of the OLG Dresden and OLG Karlsruhe
4. OLG Karlsruhe: Similar decision
5. Relevance for banned players
5.1. Conclusion

As a lawyer with a history in the gaming sector, I often come across cases involving blocked gaming accounts. These inquiries come both from players whose accounts have been blocked and from providers who want to know how they can structure their General Terms and Conditions (GTC) in order to be able to block accounts effectively and legally. An exciting ruling from last year sheds new light on this issue and shows the balance that needs to be struck between the rights of players and the obligations of providers.

The challenge of opaque account blocks

In the world of online games, from mobile games to large platforms such as Blizzard, blocking player accounts is a common but often opaque practice. The reasons for such blocks are often not clearly communicated to those affected, which leads to confusion and frustration. This practice raises important legal questions, particularly with regard to the Network Enforcement Act (NetzDG) and the requirements for a fair procedure.

The challenge here lies in striking a balance between maintaining the integrity of the game and safeguarding the rights of the players. Many online gaming platforms use automated systems to identify and sanction cheating, cheating or toxic behavior. While these systems can be efficient in detecting rule violations, they often lack transparency and traceability in their decisions. Players whose accounts have been blocked are often faced with the problem that they neither know the exact reasons for the blocking nor have any effective means of appealing against it.

Although the NetzDG is primarily aimed at social networks, its principles of transparency and fair procedure could also be transferable to the online gaming industry. This would mean that gaming operators would be obliged to establish clear guidelines and procedures for blocking accounts and to communicate these clearly to players. In addition, an effective complaints and review procedure would have to be implemented to give players the opportunity to take action against a ban that is perceived as unjust.

The current practice of account blocking in the online gaming industry could therefore be considered problematic from a legal perspective. Stronger regulation and clear guidelines may be needed to protect players’ rights and at the same time safeguard the integrity of the games. This would require an adjustment of the moderation strategies in order to ensure a balanced and legally compliant handling of player accounts.

Insight into two exciting rulings

Decisions of the OLG Dresden and OLG Karlsruhe

The Higher Regional Court of Dresden and the Higher Regional Court of Karlsruhe have made important rulings in similar cases that strengthen the rights of users of digital platforms and raise new questions, particularly with regard to the application of these principles to gaming accounts. OLG Dresden: Warning before account blocking The OLG Dresden ruled on March 8, 2022 (Ref. 4 U 1050/21) that the permanent deactivation of a user account in a social network is only permissible after a prior warning. This applies even if several posts by the user have already been deleted. The court emphasized the importance of the warning as a means of declaring a breach of contract and warning of the consequences of continuing the objectionable conduct.

OLG Karlsruhe: Similar decision

The Higher Regional Court of Karlsruhe followed this line in a ruling (case reference: 10 U 172), in which it stated that Facebook may only terminate a user account without prior warning in exceptional cases. The Senate stated that a prior warning is only dispensable in very limited exceptional cases, for example in the case of particularly serious breaches of contract or if the warning is obviously pointless. Significance for users and providers

These rulings make it clear that both the Higher Regional Court of Dresden and the Higher Regional Court of Karlsruhe emphasize the necessity of a warning before permanently blocking a user account. They therefore represent an important step towards safeguarding the rights of users and ensuring a fair procedure. For providers of social networks and gaming platforms, this means that they must design their terms and conditions and practices in accordance with these legal requirements in order to respect the rights of their users and avoid legal conflicts.

Relevance for banned players

The question of whether and how these rulings can be applied to the practice of blocking gaming accounts is particularly interesting. While the judgments clearly stipulate the necessity of a warning before an account is permanently blocked on social networks, the extent to which these principles can be applied to gaming platforms remains open. It could be argued that players, like social network users, should have a right to a fair warning and the opportunity to comment before their account is permanently banned. This would require greater transparency and fairness in the procedures of gaming providers and could lead to a reassessment of current practices. However, the specific circumstances and regulations of the gaming platforms must be taken into account, which makes a direct transfer of the judgments complex. It remains to be seen how case law will develop in this area and what impact this will have on the gaming community.

Conclusion

The judgments of the Higher Regional Court of Dresden and the Higher Regional Court of Karlsruhe impressively illustrate how important it is for providers of gaming platforms to adapt their general terms and conditions (GTCs) and practices for blocking user accounts to the legal requirements. These decisions emphasize the need for transparency and fairness in dealing with user accounts. For users whose accounts have been blocked, these rulings provide a legal basis for taking action against unfounded or non-transparent blocks.

An important aspect to consider is the international nature of many gaming platforms. Many gaming providers are based abroad and are therefore not directly subject to the rulings of German courts. As a result, these providers may be less receptive to claims from users or requests from lawyers, especially if they do not comply with the legal norms of their own country. For affected players, this may mean that they may have to consider international legal action to challenge the blocking of their account.

The current legal situation, shaped by the rulings of various courts, shows that there is a trend towards more user rights and fairer procedures. In the long term, this could mean that international providers will also have to rethink and adapt their practices in order to meet the requirements in different jurisdictions. It is a dynamic field in which developments in case law and their influence on the practices of the gaming industry should continue to be closely monitored.

Tags: AGBCase lawCustomizationDresdenEntscheidungenFacebookGamingHigher Regional Court DresdenJudgmentJudgmentsKarlsruheLawyerNetwork Enforcement ActolgRegulationrightTransparencyWarning

Beliebte Beträge

Play to Earn – Blockchain gaming in the legal focus of a lawyer

Play to Earn – Blockchain gaming in the legal focus of a lawyer
15. May 2025

Introduction Definition and origin: Play to Earn (P2E ) refers to a category of blockchain-based computer games with their own...

Read moreDetails

Anti-cheat software vs. data protection: legal risks and design options

Anti-cheat software vs. data protection: legal risks and design options
14. May 2025

Modern multiplayer games battle cheating on a daily basis - unauthorized tricks or hacks that give individual players an unfair...

Read moreDetails

Contractual framework conditions and models for live service games (games as a service)

Contractual framework conditions and models for live service games (games as a service)
13. April 2025

The games industry is increasingly moving towards live service games or "Games as a Service" (GaaS). Unlike traditional video games,...

Read moreDetails

Chain of rights in game development: Who ultimately holds the rights to the game?

rechtekette im game development wer haelt am ende die rechte am spiel
19. April 2025

In game development, intellectual property is the most valuable asset. Every aspect of a video game - from the source...

Read moreDetails

Contracts with voice actors, streamers and test players – legal guidelines in games law

Contracts with voice actors, streamers and test players – legal guidelines in games law
10. April 2025

The development and marketing of modern video games is hardly conceivable without cooperation with external partners. Whether voice actors, streamers...

Read moreDetails

Modding and user-generated content: legal, economic and strategic aspects

Modding and user-generated content: legal, economic and strategic aspects
22. April 2025

Mods - video game modifications created by players - are an integral part of gaming culture. Whether new levels, improved...

Read moreDetails

Game jams and open collaborations: Who owns the prototype?

Game jams and open collaborations: Who owns the prototype?
9. April 2025

Game jams are short-term development competitions in which creative minds work together to create game prototypes in just a few...

Read moreDetails

Contracts with co-development studios: IP splitting, rights allocation and risk allocation

Contracts with co-development studios: IP splitting, rights allocation and risk allocation
23. April 2025

International collaboration in software and game development offers great opportunities - from shared expertise to faster product creation. However, co-development...

Read moreDetails

Legal risks associated with long development times and discontinuation of crowd-funded games

Legal risks associated with long development times and discontinuation of crowd-funded games
11. April 2025

Crowdfunding has established itself as a financing model in the games industry. Developers collect money from supporters to pre-finance the...

Read moreDetails
  • Home
  • Imprint
  • Privacy policy
  • Terms
  • Agile and lean law firm
  • Ideal partner
  • Contact
  • Videos
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Contact
  • Leistungen
    • Support with the foundation
    • Focus areas of attorney Marian Härtel
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Games law consulting
    • Support and advice of agencies
    • Legal advice in corporate law: from incorporation to structuring
    • Cryptocurrencies, Blockchain and Games
    • Investment advice
    • Booking as speaker
    • Legal compliance and expert opinions
    • Legal advice in corporate law: from incorporation to structuring
    • Contract review and preparation
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
    • Agile and lean law firm
    • Focus on start-ups
    • Principles as a lawyer
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Why a lawyer and business consultant?
    • Focus on start-ups
    • How can I help clients?
    • Team: Saskia Härtel – WHO AM I?
    • Testimonials
    • Imprint
  • Videos
    • Video series – about me
    • Information videos – about Marian Härtel
    • Videos on services
    • Blogpost – individual videos
    • Shorts
    • Third-party videos
    • Podcast format
    • Other videos
  • Knowledge base
  • Podcast
  • Blogposts
    • Lange Artikel / Ausführungen
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Labour law
    • EU law
    • Corporate
    • Competition law
    • Copyright
    • Tax
    • Internally
    • Other
  • en English
  • de Deutsch
Kostenlose Kurzberatung