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Archive – Old blogposts
- 2x Gamesrecht at the Federal Court of Justice, supervised by RA Marian Härtel
- Account suspensions from online and mobile games
- Are so-called private servers “illegal”?
- BGH decides in bot software/Bossland case
- BGH decides on keyselling
- BGH decides on premature termination of Ebay auction
- BGH on connected works and applicability of the SAS Institute decision
- Esport Contracts: Professional Players
- Keyselling punishable and anti-competitive?
- Pokémon Go: Privacy and terms of use
- Questions on the commercial use of computer games at the BGH
- Red, Red, Red blooms only the savings bank…
- Small summary – Blizzard vs. Bossland
- Tax office can seize domain
- US lawsuit on botsoftware not recognizable in Germany – statutory damages and § 328 ZPO – Update
Blockchain and law
- Blockchain in computer games – a new playing field for lawyers?
- Blockchain technology and the GDPR
- Esport vs. Blockchain – professionalization and future put to the test
- MiCAR – lots of reading for blockchain companies.
- NFT / Metaverse / Blockchain Law Lecture in Zurich
- NFT and prospectus requirement
- OLG Frankfurt: No liability for lost profits when buying cryptocurrencies as a courtesy
- Standard NFT and MiCAR
- Startup financing through tokenized profit participation rights and related financing options.
- The final draft of MICAR (Markets in Crypto Assets Regulation) is available: A rough overview of the content
- What are NFT? A small overview
Blockchain Law
Sorry, no posts found.
Competition law
- “Olympic-quality” clothing not anti-competitive
- #FreedomOfTagging: Influencer and the VSW
- Abusive warnings are punishable by law
- Adblock II decision: Reason is there
- Advertising for free e-mail no unreasonable nuisance
- Advertising with “climate neutral” can lead to a warning notice
- Advertising with self-employed
- Advertising with SSL encryption
- Amazon sellers and duplicate product pages
- As a Twitch streamer, do you need an imprint?
- Attention to advertising with emergency service or similar
- Attention: Vouchers to existing customers can be advertising!
- Attorney’s fees of a warning association not refundable
- BGH considers Uber Black to be anti-competitive
- BGH decides on abuse of rights with regard to Umwelthilfe
- BGH for the termination of a declaration of injunction
- BGH limits the warning mania!
- BGH on bakeries and Sunday sales
- BGH on consumer information on advertising materials
- BGH on Liability for Customer Reviews on Amazon
- BGH on the costs of partially successful warning letters
- BGH on time limits and costs and closing letters for preliminary injunctions.
- BGH: Youtube advertising not a media service
- Brief reminder: Influencer as target of warning letters
- Bundeskartellamt and ratings on the Internet
- Bundestag deals with abuse of warnings
- Burden of proof in misleading online advertising
- Can I talk badly about a competitor?
- Chamber Court on Influencers and Advertising
- Chamber Court on obligations to injuntture in the case of acts of third parties
- Chamber court: “Best price” is misleading
- Check24 may no longer list HUK Coburg without prices
- Choice of law by general terms and conditions not surprising per se
- Choice of law clause: Be careful when formulating
- Coffee advertising via LinkedIn – not like this
- Commercial agents are agents within the meaning of the UWG
- Conditions of price indications in the fine print prohibited
- Customer reviews on the Internet
- Customer reviews through sweepstakes? Warning!
- Defense clause on websites: Not a good idea
- Direct debit in online retail at the end? The EU’s SEPA Regulation!
- Discount promotions may not be extended
- Do Free2Play games violate the Pricing Ordinance?
- Do not sign a declaration of injunction? A good reason for this!
- Draft law to strengthen fair competition
- ElektroG: Missing ton symbol on product = anti-competitive
- Energy suppliers may not only offer direct debit online
- Even true statements about competitors only possible to a limited extent!
- Everyday mask is not a medical device and may be sold online
- Federal Constitutional Court effectively abolishes preliminary injunction without hearing
- Federal Constitutional Court on procedural equality of arms in competition law
- GDPR violation not reproaforatible?
- GDPR: Download pairing with newsletter/registration?
- Geoblocking Ordinance: Attention Warning Trap
- Geoblocking Regulation and Purchase on Account
- Geoblocking Regulation: Federal Network Agency accepts complaints!
- German courts have jurisdiction at .de Domain
- GTCs are not invalid solely because of their length!
- Hangover is a disease? Attention to advertising statements
- IDO acts in abuse of rights?
- If top offer is advertised, top offer must also be offered
- Incompletely served preliminary injunction must be revoked
- Incorrect registration of batteries can be warned
- Influencer jurisdiction and esport teams
- Influencer: LG Frankfurt on the question of business action
- Influencer: LG Itzehoe also bans sneaky advertising
- Influencer: LG Munich decides against the Court of Appeal and other regional courts
- Influencer/Sneaky Advertising on Twitter
- Injunctive debtor is liable for Google Cache!
- International responsibility for advertising on the Internet
- Internet portal must indicate commissions
- Invoice for fake order? BGH says: Is anti-competitive
- Is an artist’s name sufficient in the imprint?
- Is data protection a market conduct rule?
- Is the flying jurisdiction dead after all?
- Law to clarify disputed influencer jurisdiction
- Legal opinions are an error in the meaning of the UWG
- LG Köln to cancel the right of withdrawal for digital downloads
- LG Munich bans Uber apps
- LG Munich: Affiliate links must be sufficiently identified!
- LG Munich: Focus doctors seal is misleading
- Liability trap BFH judgments on VAT in case of warnings
- Likes may not be used after company change
- Lottery brokerage/gambling/betting on the Internet without permission?
- Lupedi UG: Warning notice received?
- Manufacturer’s information when applying for electrical appliances
- No advertising with a manufacturer’s warranty = no information required?
- No more free tissues at the pharmacy?
- No more phone numbers in the cancellation declaration?
- Not clickable OS link..again and again!
- OLG Braunschweig to Instagram & Influencer without consideration
- OLG Cologne allows advertising without bottle deposit
- OLG Frankfurt on Influencer & Sneaky Advertising
- OLG Frankfurt: No liability for actions of third parties
- OLG Hamburg: less means less not more rare
- OLG Hamm: Information on the manufacturer’s warranty
- OLG Köln: Jameda partially inadmissible
- OLG Munich prohibits Amazon Dash Buttons
- OLG Munich with warning verdict on checkout at online retailers
- OLG Munich: Additional fees for PayPal and instant transfer allowed
- Online retail: Discount on cash and cash equivalents little known in Germany not allowed
- Online retailer: information about warranty terms
- Online shops and obligation to take back electrical appliances
- Online shops: Attention to advertising with EIA
- Online shops: Attention to fees for Paypal and instant bank transfer!
- PackagingG: 6 months and already 2000 fines
- Paid number in disclaimer inadmissible
- Preventive cease-and-desist declaration? Never without advice!
- Revocation instruction must include address
- Right of withdrawal and mattresses
- Sale of over-the-counter medicines via Amazon
- Sales at trade fairs and the right of withdrawal?
- Should we ever sign a declaration of injunction?
- Social media accounts and imprint
- Statement “reopening” requires actual closure
- Telephone advertising without a valid callback number is unfair
- The risk of an injunction
- The word “specialist” can be impermissible top position advertising
- Time and again: Advertising with warranty conditions
- Trade Secrets Protection Act: Act now!
- Uber loses once again at LG Frankfurt a.M.
- Understanding the cease-and-desist declaration: important insights from the BGH ruling of January 12, 2023
- Unity Media and WLAN hotspot: customers do not have to agree
- Unwanted email advertising by advertising partners
- vzbv issues warning against e-scooter terms and conditions
- Warned off by a competition association?
- Warning adé? The changes in the UWG
- Warning letters due to missing basic prices
- Warranty and indication of liability for defects
Copyright
- April Fool’s joke, isn’t it?
- Are rules of the game protected in Germany?
- Asset deal of IP rights: No liability for cease and desist declaration
- Attention to the contract with a photographer
- Attention when downloading and using photos
- Axel Springer v. Eyeo: This time copyright
- BFH, copyright warnings and VAT
- BGH and the death blow for sampling
- BGH decides again on keyselling
- BGH decides on Wikipedia and museum photographs
- BGH on connected works and applicability of the SAS Institute decision
- BGH on costs in the case of image theft
- BGH refers “cheat software” for game consoles to the ECJ
- BGH refers YouTube dispute to the ECJ
- BGH: Press organ may publish unsolicited book manuscripts
- BGH: Women also gamble on first-person shooters
- Claim for damages for online city map copyright infringement
- Compensation for missing/incorrect attribution of photos?
- Computer Bild allowed to use photo of Jan Böhmermann
- Copyright in the digital world: What’s next for AI image generators?
- Copyright infringement by framing? The ECJ please!
- Copyright: Dispute value cap per subject matter of dispute
- Copyright: Freedom of citation is not a clean bill of health
- Duty to provide information in the UrhG – definitely unknown for website operators or game publishers?
- ECJ for sale of “used” e-books
- ECJ rules on copyright protection of forms and models
- ECJ will deal with Bittorrent and the seeding of porn
- ECJ: “Address” is not e-mail address or IP address
- ECJ: Advocate General assesses sampling as copyright infringement
- ECJ: Framing of content can be copyright infringement!
- ECJ: Is YouTube a copyright provider?
- ECJ: Opinion on the liability of platforms for illegal uploading
- Eiermann tables and copyright
- EU adopts copyright reform
- European Parliament approves copyright reform
- Exploitation rights to articles of an editor
- Federal Constitutional Court effectively abolishes preliminary injunction without hearing
- Federal Constitutional Court rules in favor of both manufacturers
- Federal Constitutional Court, File Sharing and Children
- File sharing and family members
- File sharing: Liability for family connection
- Fortnite, Dances and German Law?
- Free software also enjoys copyright
- Image posting in closed FB group may infringe copyright
- Is it allowed to reproduce Italian cultural monuments in our own works?
- Kammergericht: No ancillary copyright for computer graphics
- LG Cologne on the liability of hotel images on booking platforms
- Liability for unsecured WLAN/gate exit node
- Liability trap BFH judgments on VAT in case of warnings
- Linux vs. VMware: Opensource in court
- Misconceptions about the Copyright Directive – by MEP!
- NFT and the copyright problem
- Obsolete CMS does not lead to fault liability
- OLG Celle: Capping of warning costs for file sharing
- OLG Frankfurt and copyright logo protection
- Open Source Licenses: GPL, AGPL, MIT and Apache?
- Pictograms can be copyrighted
- Public consultation on copyright reform
- Publishing contracts and recycling of code
- Sampling may or may not infringe copyrights!
- Twitch and use of music?
- Twitch Streams and Let’s Plays: Attention!
- Twitch, YouTube, Twitter and Instagram start enforcing copyrights
- VG Media loses at the ECJ over performance protection law
- Violation of provisions of a license agreement violates copyrights
Corporate
- Activity as a registered trader: The liability traps
- Asset deal of IP rights: No liability for cease and desist declaration
- CEO, Managing Director, President…watch out for job titles
- Esport Orga as corporation? What are the advantages and disadvantages of this?
- Establish a blockchain limited liability company? Does that
- Founding a startup: Which legal form is right for you?
- GmbH capital contribution can be used for business purposes!
- Individual contractors are not managing directors
- Investing quietly: Typical and atypical silent partnerships for startups
- Ltd. (Limited) in Germany and #Brexit? Act now!
- Privacy issues with an asset deal?
- Q&A on self-employment/start-up issues *Update*.
- Risk of a GbR becoming an OHG
- Startup financing through tokenized profit participation rights and related financing options.
- UG (limited liability): Legal certificate liability!
- Vesting at startups for esports, social media, games?
Data protection Law
- AG Berlin Mitte demands original authorisation for GDPR information
- Already created a processing directory?
- Archiving obligation or GDPR regulations?
- Attention Brexit and GDPR
- Attention to Alexa in the company
- Attention to Analytics without anonymization
- Attention when using advertising cookies, especially across websites!
- Attention with Facebook-Like and similar plugins
- Attention: Insufficient cookie banners soon in the sights of data protectionists
- Bavarian Administrative Court confirms decision on Facebook Custom Audiences
- BayLDA: 100 FAQ on privacy and websites
- BGH refers question on data protection and competition law to the ECJ
- BGH rejects delisting request against Google!
- Blockchain technology and the GDPR
- Bonn Regional Court confirms fine for inadequate customer verification
- Brexit and data protection, review contracts and service providers
- Bundestag passes amendments to data protection law
- Business with customers in California? Attention CCPA
- BVerwG: Data protection authority can prohibit operation of a Facebook fan page
- Can a fine for a data protection breach be levied against a corporation?
- Can Cloudflare be used permissibly?
- Can Mailchimp be used in a way that is permissible under data protection law?
- Claiming damages without risk using Legaltech in data protection law?
- Cookie banner “On continued use….” illegal
- Cookie consent when using Google Maps?
- Corona, attendance lists and data protection
- Damages due to scraping against Facebook – LG Paderborn drops the bombshell
- Data leakage can be expensive, DSGVO breach in a different way
- Data protection authority may ban operation of Facebook page
- Data Protection Commission on the ECJ Privacy Shield Decision
- Data protection conference allows “pure subscription” model on websites
- Data protection consent with cookie alternatives?
- Data protection impact assessment: What is it?
- Data protection in the digital age: Landmark ruling by Cologne Regional Court on the use of Google Analytics
- Data protection information according to DSGVO/GDPR
- Data protection is compliance – catalogue of fines is coming?
- Data protection: “Targeted advertising” through “legitimate interest” at the end? EDPB vs. meta
- Data protection: UK soon to be an insecure third country?
- Default “Yes” to cookies invalid!
- Defend yourself against IGD warnings?
- Design your SaaS solution privacy compliant!
- District Court Frankfurt a.M. on the right to be forgotten
- ECJ overturns Privacy Shield: review contracts!
- ECJ ruling on the GDPR: Consequences and recommendations for action for companies processing personal data
- ECJ tightens requirements for GDPR disclosures
- ECJ to decide whether consumer protection agencies may issue data protection warnings
- ECJ: How is “legitimate interest” to be interpreted in the GDPR?
- EU Commission takes positive stock of the GDPR
- External data protection officers act commercially
- Facebook pages, data protection and August 1, 2019
- Federal Cartel Office v. Facebook: Full text
- GDPR violation not reproaforatible?
- GDPR: Download pairing with newsletter/registration?
- GDPR: nearly 10 million fines for unsecured hotline * Update*
- German Federal Cartel Office prohibits Facebook data collection on third-party sites
- Google Analytics only with consent?
- Google changes privacy officer
- Hamburg data protectors take action against Google Assistant
- IGD waives claims arising from data protection
- Insolvency administrator and access to tax office data?
- Irish data protection authority fines Meta billions: A turning point for data protection in Europe?
- Is a new Privacy Shield coming in 2023?
- Is data protection a market conduct rule?
- Is the “cookie” law coming soon? Draft bill TTDSG
- LG Berlin considers GDPR violations to be recalled
- LG Munich: Data protection consent on dating platform
- LG Stuttgart: GDPR violations cannot be warned
- Make participation in the competition dependent on advertising?
- Missing/incorrect data protection declaration liable to a warning?
- New draft eu ePrivacy Regulation available
- No Google deletion claim from DSGVO
- Office 365 in schools illegal under data protection law
- OLG Düsseldorf cancels BKartA decision on Facebook
- OLG Köln makes extensive claim for information under GDPR
- Permission to send an e-mail, allows to send an e-mail
- Preparing for the Digital Service Act as a business
- Privacy issues with an asset deal?
- Privacy notice on Christmas cards?
- Privacy/Ex-employee and the use of a catch-all email
- Searches in cases of “Google Fonts” cease-and-desist letters
- Setting cookies without consent is a violation of competition law
- Trade Secrets Protection Act: Act now!
- Warning letters because of unencrypted contact form
- Web pages without SSL. Danger of warning letters?
- Website operators are liable for data processing of like buttons
Esport and politics
- Bundestag continues to support esports
- Bundestag speech by Johannes Steiniger (CDU) on eSports on 8/9.11.18
- Bundestag speech by Monika Lazar (B90/Grüne) on eSports on 8/9.11.18
- Bundestag: Sports committee deals with esports
- Chess, Bridge, Esport?
- Comment on the ESBD personnel
- Denmark: sport recognition of esport irrelevant; A role model for Germany?
- DOSB legal opinion on the concept of sport and esport
- Esport as part of university sports in Hannover?
- Esport in Denmark, the Danish Embassy invites you
- Esport is the spearhead of digitalization?
- Esports Europe: A Commentary
- Federal government and esports: no own expert opinion on recognition as a sport
- GAME e.V: Focus on the Esports Industry
- Greens get involved in esports
- Legal analysis and finding solutions to the DOSB expert opinion on esport
- Tfue vs. FaZe: What does German law say about this?
- Visa facilitation for esportsmen
Esport Business
- Bootcamps and talent promotion in esport? Player sale possible?
- Broadcasting State Treaty and Esport Streams?
- Can Esport Teams be booted?
- Compensation in esport in case of player change?
- Does an esport athlete in Germany need a visa?
- DOSB and Esport: A commentary
- DOSB and Esport: My comment on the comment
- DOSB rejects eSports!
- ESBD presents code of conduct
- Esport Association for the Promotion of Youth?
- Esport is the spearhead of digitalization?
- Esport law – how can I help?
- Esport Teams: Chance of an Investor?
- Esport visa comes next year
- Establish a professional esports team? A few hints
- Influencer jurisdiction and esport teams
- Legal analysis and finding solutions to the DOSB expert opinion on esport
- Newzoo Esport Report
- Part 1 on the law of associations: How to found an association?
- Stop running after the DOSB!
- Use professional services in esport
- What are the most valuable esports teams?
Esports
- Chess, Bridge, Esport?
- Cologne Sports University presents Esport study
- Corona/Covid-19: Social Distancing on the Internet and in Esports
- E-Sport now the officially correct spelling
- ESBD presents code of conduct
- Esport teams and streamers: half-hearted = legally dangerous
- Esport vs. Blockchain – professionalization and future put to the test
- We supplement our pensions with computer games!
- Women have ruined men’s cool gamer existence
EU law
- “Digital Services and Markets Act” enters into force
- Choice of law by general terms and conditions not surprising per se
- Default “Yes” to cookies invalid!
- Direct debit in online retail at the end? The EU’s SEPA Regulation!
- ECJ on the definition of communication services and regulation
- ECJ rules on the right to be forgotten
- ECJ will deal with Bittorrent and the seeding of porn
- ECJ: Amazon doesn’t have to offer users a phone number
- ECJ: Facebook must elicit same and similar comments?
- ECJ: Goods from Israeli-occupied territories must be labeled
- ECJ: Opinion on the liability of platforms for illegal uploading
- EU agrees new guideline for Internet trade
- EU Commission vs. Germany over “Amazon” law
- European Parliament approves copyright reform
- Facebook must delete similar, illegal content!
- Geoblocking Regulation and Purchase on Account
- Geoblocking Regulation: Apps and the like?
- New concept of material defects and computer games – what do you have to consider from 2022?
- No more phone numbers necessary in the imprint!
- OLG Munich: Deliveries to Facebook possible in German
- Preparing for Brexit?
- Valve + 5 game publishers and violation of geoblocking/antitrust law
- What is the Artificial Intelligence Act?
Featured
Sorry, no posts found.
Internally
- Advice on Corona regarding legal issues and governmental assistance – regular updates
- Agile law firm: How lean structures and modern technologies are changing the legal profession
- Article in GamesMarkt eSport – Player, Business, Sponsoring
- Ask questions at Gamescom
- Attention: Homepage 2.0
- Back again
- Birthday offer: First consultation at a special price
- Callback option and other chat options
- ChatGPT and lawyers: recordings of the Weblaw launch event
- ChatGPT-4 and my chat tool
- Client portal as PWA
- Client portal under test
- Community on ITMediaLaw – soon to be activated
- Contact by voice message
- Content Awareness of the Legal Issues Bot
- Contributor archive unlocked
- Design update and future plans
- Digital and collaborative contract creation
- Digitization of contract creation and client communication
- English version (of the homepage) complete
- English version of the website
- Esport team and streamer? Legal certainty through flat rate!
- Esport vs. Blockchain – professionalization and future put to the test
- Exciting year 2023 ahead
- Free initial assessment, via chat or audio
- Happy Holidays I wish everyone!
- Homepage and search function revised
- Homepage up to date
- How clients benefit from my network of colleagues, partners and service providers
- How writing blog articles helps with my continuing education
- I wish you a happy year 2020
- Interview for the German Lawyer Hotline
- Interview with Esport.com: Esportsanwalt in Germany
- Investors and Startups – Business Consulting and Contracts for a Successful Startup Evaluation in Germany
- ITMediaLaw as AMP version
- ITMediaLaw: Http3 on Litespeed Server
- Job offer: Trainee lawyer or student wanted for editorial work
- Legal advice with AI support: Lawyer blog now with ChatGPT-4
- Legal questions bot updated on ChatGPT-4: A new era of legal advice begins
- Let’s celebrate together 1000 articles full of expertise: IT Law, Blockchain, Privacy and more!
- Livechat via Viber
- Marian Härtel is a member of medianet berlinbrandenburg e.v.
- Meanwhile: more than 1000 articles on IT/IP legal issues on the blog
- Merry Christmas to all
- More than 1500 articles on the blog
- More updates in the planning
- My strengths as a lawyer
- My wife Saskia in the team of the firm
- New feature on my blog: AI support for individual blogposts
- New law firm page
- News about esports, streamers and influencers
- Offer: Trainee lawyer wanted for the legal internship or elective internship
- Pay by invoice via Klarna
- Q&A for game developers: publishing contracts
- Q&A for Game Developers: The Recording
- Reinforcement in the office
- Relocation of the office and other updates
- Request individual offer
- Some news about ITMediaLaw.com
- Submit judgments for the blog
- Tech nerd as lawyer: my path and why my tech expertise is an advantage
- Terminology in contracts – Why the correct use of technical terms is important
- The Emperor’s New Clothes…
- The King and the Two Sons or “Self-Employment as a Lawyer”
- The legal issues – bot, what’s next?
- The web file
- Unexpected advertising at BlizzCon 😉
- What makes a games law attorney? Or interview at ZAP
- When do you need a lawyer for your contract?
- Why are serious contracts important?
- Why I love innovative business models as a lawyer
- Why legal compliance will help your business succeed: A Competitive Advantage You Shouldn’t Ignore
Investments
Sorry, no posts found.
Labour law
- “East German” is not bullying in the workplace
- 10 questions & answers about home office
- Advice on setting up home office workstations
- BAG: Crowdworkers are employees under labor law
- BGH clarifies the distinction between pseudo self-employed and employees: An urgent warning for startups, game developers, esports teams and agencies
- Black money agreement via WhatsApp = no remuneration for work
- Cheating in esport: Can I monitor employees?
- Defamation via Whatsapp justifies termination without notice
- Dismissal due to Islamophobic WhatsApp messages
- ECJ: Time recording mandatory for companies
- Employer may not force home office
- Esport Teams, “Freelancers” and the Federal Labor Court
- Esport: How long can a player contract run?
- Federal Labor Court on termination without notice and default of acceptance
- Freelancer – Danger of the client’s claim to enrichment in the case of bogus self-employment
- Home office: going to the toilet not an occupational accident
- Insults through emoji?
- Limitation of esport player contracts? *Update*
- Minimum wage for help in esports, streams or news portals
- Misuse of sensitive customer data? Notice!
- No claim to identical credentials in agile project teams
- Online porn scams: No police service!
- Operator of a crowdworking platform is not to be regarded as an employer
- Police trainee rightly dismissed after YouTube videos
- Privacy/Ex-employee and the use of a catch-all email
- Professionalize your own work as a freelancer?
- Right to home office
- Tfue vs. FaZe: What does German law say about this?
- Trade Secrets Protection Act: Act now!
- Twitter account needs approval of works council
- Video recording and working time fraud – observe high hurdles
- When does a project employee become an employee?
Law and Blockchain
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Law and computer games
- “More than just a game” in Frankfurt
- “This is how online gaming can get really expensive”
- 19th Open Stage Games in Stuttgart – typical mistakes in publishing contracts
- 2x Gamesrecht at the Federal Court of Justice, supervised by RA Marian Härtel
- Account suspensions from online and mobile games
- Affiliate/CPA Advertising: Attention to cookies by banners and links
- AG Heidelberg condemns operator of Metin2 server
- Agreement on new State Treaty on Gambling
- Are Lootboxes a game of luck?
- Are rules of the game protected in Germany?
- Are so-called private servers “illegal”?
- Artificial Intelligence in Software and Game Development: Opportunities, Risks and Legal Challenges
- BaFin and the regulation of e-money (including computer games)
- BGH decides in bot software/Bossland case
- BGH decides on Facebook’s app center and data protection in games
- BGH decides on keyselling
- BGH refers “cheat software” for game consoles to the ECJ
- BGH suspends proceedings against Facebook gaming center
- BGH: Women also gamble on first-person shooters
- Blockchain in computer games – a new playing field for lawyers?
- Blockchain, Games and Esports
- Can Facebook share data with gaming providers?
- Consumer protection and computer games in Italy
- Copyright & computer games: What rules really apply?
- Corona/Covid-19: Social Distancing on the Internet and in Esports
- De-Minimis funding successful; still participate now
- Decided: No more broadcasting licences for streamers in the new media state treaty!
- Do Free2Play games violate the Pricing Ordinance?
- Epic Games collects severe fine from the FTC in the USA
- Esport teams and streamers: half-hearted = legally dangerous
- Facebook and the NetzDG
- FIFA in Austria = gambling?
- Financing through tokenized profit participation rights in the esports and games sector
- Fortnite Fan article: Attention warning danger!
- Fortnite, Dances and German Law?
- France: Steam must allow resale of games
- Frankfurt Regional Court grants repayment claim from gambling losses
- Gambling vs. Skillgaming, a small demolition
- Game developers: Attention with stumbling block for game promotion
- Game development: risks from code and asset production using AI
- Game promotion: take advantage of opportunities with professional advice!
- Gamertag/Nickname “stolen”, what can be done?
- Games publishing contracts – once in a nutshell
- Gaming in China – Session on the Protection of Minors and the Limitation of Games in the Middle Kingdom
- Geoblocking: EU Commission imposes fine on game providers
- Google Play Requires Disclosure of Lootbox Probabilities
- Is broadcasting law still appropriate for streamers?
- Is it allowed to reproduce Italian cultural monuments in our own works?
- Is the Free2Play distribution model anti-competitive?
- Judgement on World Of Warcraft & Account Suspension due to GTC Violation
- Keyselling punishable and anti-competitive?
- Killer games and constitutional law *Update
- Legal evaluation of “swatting” in esports/streamers
- Mixer and imprint as well as other questions
- Mobile games as a service commission – recover sales tax?
- Never, Never, Never Sign a Contract Without a Lawyer
- New age rating for computer games in Italy; all the information!
- New concept of material defects and computer games – what do you have to consider from 2022?
- Pirate server for online games and criminal law?
- Play from 4 p.m. to stream only from 10 p.m.? The JusProg Dilemma
- Pokémon Go: Privacy and terms of use
- Publishing contracts and recycling of code
- Q&A for game developers: publishing contracts
- Q&A: Legal issues for game developers
- Questions on the commercial use of computer games at the BGH
- Rewarded Ads in Children’s Games?
- Simulated gambling does not lead to the indexing of a game
- Soon no Twitch, Steam, Discord, Twitter for under 16s?
- Soundboard for famous YouTuber? Mostly illegal!
- T&Cs, regulation & compliance in blockchain & computer games: What you need to know
- Terms and Conditions and Prohibited Clauses
- Typical errors in publishing contracts
- US lawsuit on botsoftware not recognizable in Germany – statutory damages and § 328 ZPO – Update
- USK and the guidelines on swastikas in games
- USK with new testing practice
- Valve + 5 game publishers and violation of geoblocking/antitrust law
- What to look for when signing a games publishing contract?
- What will change in the new Youth Media Protection State Treaty?
- YouTube/Twitch and swastikas in streams/videos?
Law and Esport
- Agent commissions in esport – Attention!
- Are Esport Players Contracts GtS?
- Article series: Legal problems around esport as a club
- As a teenager, make e-sports men/streamers self-employed?
- As an esportsman only with a lawyer?
- Blockchain, Games and Esports
- Broadcasting State Treaty and Esport Streams?
- Cheating in esport: Can I monitor employees?
- Compensation in esport in case of player change?
- Contractual penalties for misconduct in esport player contracts
- Does an esport athlete in Germany need a visa?
- DOSB legal opinion on the concept of sport and esport
- DOSB rejects eSports!
- Esport and the concept of sport – let it stay
- Esport Association for the Promotion of Youth?
- Esport Contracts: Professional Players
- Esport Contracts: Professional Players
- Esport events only with arcade permit
- Esport Law Webinar/Q&A – Free of Charge
- Esport Orga as corporation? What are the advantages and disadvantages of this?
- Esport Teams & Streamer: What is part of a sponsorship agreement?
- Esport Teams and Streamers: Free Confidentiality Agreement
- Esport teams and streamers: half-hearted = legally dangerous
- Esport Teams, “Freelancers” and the Federal Labor Court
- Esport teams: What should you pay attention to?
- Esport teams? Freelancer? Minijobber? Attention minimum wage rises!
- Esport: How long can a player contract run?
- Esport: Liability for Cheating and Exploiting
- Esport: Toxic Behaviour and Civil Law
- Esport: What belongs in a player contract?
- Esports and international workers?
- Esports facilities and alcohol?
- Federal government and esports: no own expert opinion on recognition as a sport
- Financing through tokenized profit participation rights in the esports and games sector
- Free Q&A: Legal Issues for Esports Teams *Attention: Update*.
- Fund Esports organizations with tokens and/or NFT?
- Gambling vs. Skillgaming, a small demolition
- How can Esports contracts ensure your organization’s success?
- How to set up and design the terms and conditions of an Esports event
- Imprint obbligations for streamers associated with esports teams?
- Investments in Esport Teams
- Is an 8 year old allowed to be an Esport player?
- Legal analysis and finding solutions to the DOSB expert opinion on esport
- Legal consequences of violations of poaching rules in e-sports
- Legal evaluation of “swatting” in esports/streamers
- Liability risks for esports teams when working with pseudo-self-employed players
- Limitation of esport player contracts? *Update*
- Match Fixing in Esport: Legal Consequences?
- Minimum wage for help in esports, streams or news portals
- Model contract for esport teams
- NFT and esports: an additional income opportunity or high legal hurdles?
- Participation in kick-off event Esport Law: Questions?
- Player contracts: Employee or contractor?
- Q&A: Legal requirements for a player transfer in esports.
- Research Center Esport Law at the University of Augsburg
- Risk Social Security / Tax audit for streamers, esports enthusiasts, etc.
- SpoPrax – First Journal for Esport Law
- Tax law and esport in 6 problem areas
- Tfue vs. FaZe: What does German law say about this?
- Transfer sums in esport?
- Vesting at startups for esports, social media, games?
- What is a silent/atypical silent participation?
- What legal form as an esport team?
Law on the Internet
- “Am I fuckable?” – Women streamers should not put up with everything!
- “Dirty cunt” is permissible expression on Facebook
- “Donations” on YouTube or other websites
- “Piece of shit” is an insult
- “Sponsored Post” is not sufficient as advertising label
- 1 Euro immediate purchase for car on Ebay = no effective purchase contract
- 50 Euro pain money per spammail?
- Adblock II decision: Reason is there
- Advertising for cosmetic surgery on the Internet?
- Advertising for free e-mail no unreasonable nuisance
- Advertising labeling for influencers soon only with real consideration?
- Advertising with SSL encryption
- Affiliate links for streamers and influencers
- Affiliate links must be marked – otherwise sneaky advertising!
- Affiliate/CPA Advertising: Attention to cookies by banners and links
- AG Ludwigsburg on abuse of rights in Google Fonts warnings
- AG Munich on the “expiry” of consent to send e-mails
- Agency to delete Google reviews problematic
- Agreement on new State Treaty on Gambling
- AI and contract generators for GTC – An opportunity for standard contracts or a risk for your company?
- AirBNB is not a real estate agent
- Amazon merchant not responsible for user comments
- Archive.org: Entry does not have to be removed after cease-and-desist declaration
- Are the results of AI generators protectable at all?
- Attention regarding promises in return for retweets or the like
- Attention when using advertising cookies, especially across websites!
- Attention: Advertising with commission-free dwellings warnable
- Attention: Affiliates on YouTube, gaming websites and other networks
- Attention: Insufficient cookie banners soon in the sights of data protectionists
- Attention: Simple cookie banner no longer sufficient
- Automatic renewal of online subscription to 30 times price invalid
- BayLDA takes action against websites with Google Analytics
- BFH: The trade or sale of cryptocurrencies is taxable
- BGH decides on delisting request against Google
- BGH decides on delisting request against Google
- BGH decides on Facebook’s app center and data protection in games
- BGH decides on keyselling
- BGH decides on premature termination of Ebay auction
- BGH decides on the permissibility of fees for Paypal/immediate bank transfer
- BGH decides on YouTube’s duty to provide information
- BGH on Liability for Video Uploads of Third Parties
- BGH on misleading Google ads
- BGH on right of withdrawal and mattresses
- BGH on the OS-Link (EU Dispute Settlement Platform)
- BGH to decide on Yelp reviews in January
- BGH: Amazon is not liable for errors of affiliates
- BGH: Generally accessible data may be stored on information portal
- BGH: Google rating only permissible if actually customer
- BGH: is Adblock dominant as a provider?
- BGH: NetzDG also applicable to messenger services and similar offers
- BGH: Paarship has claim to remuneration despite revocation
- BGH: Willingness to arbitrate does not trigger duty to notify
- BGH: Yelp may automatically modify reviews
- BGH: Youtube advertising not a media service
- Block social media accounts for hate speech?
- BMF on the treatment of virtual currencies and tokens under income tax law
- Business with customers in California? Attention CCPA
- Buying a car online? And therefore no right of withdrawal?
- BVerwG confirms ban on linksunten.indymedia
- BVerwG with respect to an attachment order against DENIC
- Chatting during an online exam = exmatriculation!
- Children’s photos online? Both parents must agree
- Choice of law clause: Be careful when formulating
- Cloudflare liable for copyright infringement
- Cologne District Court considers online contract generator to be illegal
- Cologne Regional Court upholds strict influencer jurisprudence
- Constitutional appeal against adblock ruling rejected
- Cookies for advertising purposes only with the active consent of users
- Copyright in the digital world: What’s next for AI image generators?
- Corona/Covid-19: Social Distancing on the Internet and in Esports
- Countdown/threat via Instagram = bear police costs
- Courts overturn IP block on illegal gambling
- Data protection consent with cookie alternatives?
- Data protection ruling: Important information for craftsmen and service providers on contact forms
- Debcon – the fax garbage probably starts again
- Decided: No more broadcasting licences for streamers in the new media state treaty!
- Demolition hunters on eBay not necessarily abused by law
- Different revocation instructions for different products are permissible
- District Court Frankfurt a.M. on the right to be forgotten
- District Court Frankfurt and use of images of third parties from Xing etc.
- DNS Resolver as a DOER of copyright infringement?
- Domain registrar is only liable
- DSGVO, data protection and data scraping: Case analysis LG Offenburg and Facebook
- ECJ for sale of “used” e-books
- ECJ ruling on consumer revocation: Contracts without proper revocation instructions could be expensive
- ECJ will deal with Bittorrent and the seeding of porn
- ECJ: Amazon doesn’t have to offer users a phone number
- ECJ: Cookies require explicit consent of users
- ECJ: Is YouTube a copyright provider?
- Email in spam order: Delivered!
- Esport Teams & Streamer: What is part of a sponsorship agreement?
- Esport teams and streamers: half-hearted = legally dangerous
- EUGH: An effective notice of withdrawal needs a telephone number?
- Even true statements about competitors only possible to a limited extent!
- Ever heard of it? Cyber Resilence Act!
- Everyday mask is not a medical device and may be sold online
- Expression or statement of fact? The Dangers of Content Producers
- Facebook may block accounts without clear names
- Facebook must delete similar, illegal content!
- Facebook must recover deleted post
- Facebook/Instagram: Court deliveries also permitted in German!
- False statement on Facebook can be banned in court
- FDP wants to change TMG in line with cookie ruling
- Federal Constitutional Court: Right to Be Forgotten I
- Federal Constitutional Court: Right to Be Forgotten II
- Federal Court of Justice on Influencer Advertising
- Federal Court of Justice rules on cookie storage consent
- Federal government plans tax guide for influencers and bloggers
- File sharing and burden of proof of the rightholder
- File sharing: No relief as a mother
- Financial benefits against Facebook Like is anti-competitive
- Financing through tokenized profit participation rights in the esports and games sector
- Fiverr & sales tax: Is there a performance commission?
- Flying jurisdiction for Youtube not at the end?
- Fortnite Fan article: Attention warning danger!
- Frankfurt district court a.M. softens influencer jurisdiction
- Frankfurt Regional Court grants repayment claim from gambling losses
- Frankfurt Regional Court: Form selection with Mr./Mrs. is discriminatory
- Gambling costs money again II
- Geoblocking Ordinance: Attention Warning Trap
- Google delisting due to data privacy?
- Google doesn’t have to remove illegal search results worldwide
- Google must also read emails – imprint obligation
- GTCs are not invalid solely because of their length!
- Hearing on Web 3.0 and Metaverse in the Bundestag
- Hitler is a gamer? At least he is a blocking reason for Facebook!
- Imprint and social media: A few stumbling blocks
- Imprint obbligations for streamers associated with esports teams?
- Individual contractors are not managing directors
- Influencer jurisprudence: OLG Munich vs. the rest of Germany?
- Influencer Marketing and the Law in Italy
- Influencer: contractual penalty after cease-and-desist declaration
- Influencer: no labeling for obvious advertising
- Influencer/Sneaky Advertising on Twitter
- Influencers and advertising contracts
- Influencers don’t have to label opinion as an advertisement
- Injunctive debtor must also examine links in groups on Facebook for infringement
- Instagram blocking? Observe appropriate waiting period!
- Interpretation of ambiguous statements must be made clear
- Interstate Treaty on the Media: The resolution is now available
- Is an artist’s name sufficient in the imprint?
- Is participation in a sponsored event subject to labelling?
- Is the “cookie” law coming soon? Draft bill TTDSG
- Just do not insult the lawyer
- Karlsruhe Higher Regional Court sticks to tough influencer case law; tap tags decisive
- Legal form as an influencer? A few hints!
- Legal tech: contract generator permissible
- LG Berlin on separation of advertising and content in newsletters
- LG Bonn on access to WhatsApp messages
- LG Cologne: Influencer jurisdiction also for discounts
- LG Frankfurt: Online portal must offer more than just woman/man to choose from
- LG Köln confirms previous influencer case law
- LG Köln to cancel the right of withdrawal for digital downloads
- LG Munich to delete a Twitter post
- LG Wuppertal: Payment via PayPal to online casinos
- LinkedIn InMails: Between network maintenance and spam – limits, conditions and legal aspects
- Links to Amazon must be marked as advertising
- Make and offer respirators yourself?
- MDR may delete comments without broadcast reference on its Facebook page
- MDR may delete comments without broadcast reference on its Facebook page
- Meaning of NFTs?
- Membership in an online forum may not be terminated “just like that
- Minimum wage for help in esports, streams or news portals
- Misquote on the Internet? 10,000 euros in damages possible!
- Mixer and imprint as well as other questions
- More consumer protection when buying apps and software
- Munich District Court rejects media privilege at Jameda
- Navigating AI Generators: Liability, disclosure, and the need for regulation
- New reporting requirements for trading platforms through the PStTG
- No “right to be forgotten” for press archives
- No advertising on social media platforms with reviews generated via sweepstakes!
- No conclusion of contract in case of subscription trap
- No more phone numbers necessary in the imprint!
- No more warnings due to incorrect imprint?
- Obligation to impress: Can i link to an external website?
- OLG Braunschweig allows third-party trademarks in Google ads
- OLG Braunschweig confirms influencer jurisdiction
- OLG Braunschweig: Online gambling gives money back!
- OLG Cologne on a “one star” rating of a competitor
- OLG Cologne on the identification of affiliate links
- OLG Cologne with differentiated influencer decision
- OLG FFM: No deletion but supplementary claim on a homepage
- OLG Frankfurt corrects LG Frankfurt in influencer case law
- OLG Frankfurt on Influencer & Sneaky Advertising
- OLG Frankfurt rules on influencer labelling requirement for sponsored travel
- OLG Frankfurt: On the legal venue for Internet bookings
- OLG Köln decides on click-baiting
- OLG Köln: Jameda partially inadmissible
- OLG Munich: Deliveries to Facebook possible in German
- OLG Naumburg on IP Blocking in Injunction Proceedings
- Online Poker may still not be advertised
- Online retailer: Notice of warranty of defects
- OVG Münster: GMail is not a communication service!
- Permission to send an e-mail, allows to send an e-mail
- Photo warnings of clothes circles
- Podcasts and the law: What you need to know!
- Police must not post pictures of assembly on social media
- Police officers also have a right to their own image
- Porn shoot or filmed prostitution?
- Positive reviews may be reviewed and deleted if necessary
- Preparing for the Digital Service Act as a business
- Price comparisons and cost of the means of payment
- Reaction videos allowed on YouTube/Twitch?
- Refusal to verify identity justifies termination of Facebook account
- Regulation on requirements for electronic securities registers entered into force at the end of October.
- Renate Künast is successful at the Court of Appeal
- Revocation instruction must include address
- Risk Social Security / Tax audit for streamers, esports enthusiasts, etc.
- Sale of vouchers via the Internet is subject to VAT
- Script “Internet Law” by Prof. Dr. Thomas Hoeren
- Second lotteries may not be offered via the Internet
- Smart Contracts: Judgments/Legislation/Attributes
- Soon no Twitch, Steam, Discord, Twitter for under 16s?
- Soundboard for famous YouTuber? Mostly illegal!
- Spam is not limited to email
- Streamer and Marketing: Warning Trap?
- Streamer with pseudonym: lawsuit against unknown?
- Streamer/Influencer: Address of the agency/manager in the imprint?
- Streamer/YouTuber/Influencer and the Imprint Obligation
- Streamers, marketing agencies and the artists’ social security fund
- Streaming for 5 days, subscription trap!
- Stuttgart Higher Regional Court on the claims of an influencer as former managing director of a limited liability company
- Summary: File sharing and the year 2016
- Terms and Conditions and Prohibited Clauses
- The Darknet is not illegal!
- The Interstate Treaty on the Media: What’s New? What is valid?
- The OLG Frankfurt fathoms the “shitstorm
- Tips on how to make a good contract as a TikTok Influencer
- Trademark law also applies in the metaverse
- Twitter must also delete core-like violations
- Twitter must not block accounts for no reason
- Visitor statistics: What can I do? What can I not do?
- Warning adé? The changes in the UWG
- Warning because of double optin e-mail
- What about liability with a Discord server?
- What should be considered when running sweepstakes on social media?
- What will change in the new Youth Media Protection State Treaty?
- When can I avoid the cookie banner?
- When is an email “received” in a business environment?
- Why professional marketing contracts help with sponsors and enable better collaborations with streamers and influencers
- Why working with a lawyer is an important added value for influencer agencies
- Will there soon be material defects for digital content? Obligation to update software is coming!
- With trust in success: Why influencer contracts are so important
Law on the protection of minors
- Age labelling for apps in the new Youth Media Protection Act
- Berlin Administrative Court rehabilitates Jusprog – provisionally
- Gaming in China – Session on the Protection of Minors and the Limitation of Games in the Middle Kingdom
- Is an 8 year old allowed to be an Esport player?
- JusProg: Settlement in summary proceedings
- KJM and youth protection developments in the games industry
- Laser tag endangering young people? Administrative court decides
- Let’s stream plays on events? What about the protection of minors?
- Play from 4 p.m. to stream only from 10 p.m.? The JusProg Dilemma
- Rewarded Ads in Children’s Games?
- Streamers and airtime restrictions? KJM declares JusProg ineffective
News in brief
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Online retail
- “Usury” is a permissible rating on eBay
- 1 Euro immediate purchase for car on Ebay = no effective purchase contract
- AI and contract generators for GTC – An opportunity for standard contracts or a risk for your company?
- Amazon can’t just freeze seller funds
- Amazon merchant is responsible for automatic assignment of merchandise images of other merchants to its offer
- Amazon merchant not responsible for user comments
- Amazon sellers and duplicate product pages
- Archive.org: Entry does not have to be removed after cease-and-desist declaration
- Attention: Advertising with commission-free dwellings warnable
- Attention: Affiliates on YouTube, gaming websites and other networks
- Attention: Fine for geoblocking!
- Attention: Vouchers to existing customers can be advertising!
- B2B contracts: Link reference to GTC is sufficient
- BaFin continues to postpone PSD2
- Ban on distribution? Online retailers and packaging law!
- BGH decides on the obligation for online retailers due to manufacturer warranties
- BGH decides on the permissibility of fees for Paypal/immediate bank transfer
- BGH on right of withdrawal and mattresses
- BGH on the OS-Link (EU Dispute Settlement Platform)
- BGH: Amazon is not liable for errors of affiliates
- BGH: Google rating only permissible if actually customer
- BGH: Willingness to arbitrate does not trigger duty to notify
- Can Amazon view alternative products in search?
- Changing a foreign Amazon description can be anti-competitive
- Conditions of price indications in the fine print prohibited
- Data protection consent with cookie alternatives?
- Declaration of revocation without line breaks anti-competitive
- Demolition hunters on eBay not necessarily abused by law
- Different revocation instructions for different products are permissible
- Differential taxation and price indications Regulation
- E-commerce Directive and VAT
- Ebay purchase because of malfunction on the phone?
- ECJ: Mere storage of goods does not constitute trademark infringement
- EUGH: An effective notice of withdrawal needs a telephone number?
- False gold bars may also be sold on Ebay
- Federal Cartel Office forces Amazon to make changes to terms and conditions for sellers
- Federal Patent Court does not delete trademark “Black Friday” completely!
- Geoblocking Ordinance: Attention Warning Trap
- Geoblocking Regulation and Purchase on Account
- Geoblocking Regulation: Federal Network Agency accepts complaints!
- German user manual for product necessary?
- Incorrect registration of batteries can be warned
- Injunctive debtor is liable for Google Cache!
- Invoice for fake order? BGH says: Is anti-competitive
- LG Frankfurt: Online portal must offer more than just woman/man to choose from
- Lupedi UG: Warning notice received?
- Make and offer respirators yourself?
- Manufacturer’s information when applying for electrical appliances
- OLG Frankfurt on discount campaigns and fixed book prices on eBay
- OLG Munich prohibits Amazon Dash Buttons
- OLG Munich with warning verdict on checkout at online retailers
- OLG Munich: Additional fees for PayPal and instant transfer allowed
- Online marketplaces will be liable for VAT in 2019. of their sellers
- Online retail: Discount on cash and cash equivalents little known in Germany not allowed
- Online retailer: information about warranty terms
- Online retailer: Notice of warranty of defects
- Online retailers don’t need strong customer validation for now
- Online retailers: Alcohol sales online only from 18/16!
- Online shops and payment services supervision law
- Online shops: Attention to fees for Paypal and instant bank transfer!
- PackG: Affiliates, Merchshops, Dropshipping affected?
- Paid number in disclaimer inadmissible
- Publication of sales advertisements and classification as a trader
- Purchased reviews on Amazon
- Retailers don’t need to point out smartphone vulnerabilities
- Right of withdrawal and mattresses
- Right of withdrawal for sales of blockchain content
- Sale of over-the-counter medicines via Amazon
- Small Business Owners, VALUE Added Tax and Price Information Regulation
- Telephone number in revocation instruction
- Time and again: Advertising with warranty conditions
- Unauthorized discarding of returns soon prohibited?
- Warranty and indication of liability for defects
- Weight and number of pieces for prepackaged sweets must be available
- Will there soon be material defects for digital content? Obligation to update software is coming!
Other
- “Black Friday” as a trademark to be deleted?
- “Gaffer” photos and upskirting soon a criminal offense
- #ad as hashtag for advertising not sufficient!
- AG Frankfurt on travel cancellation due to Corona and cancellation fees
- Agencies: Attention, ideas not protected!
- AI & Copyright: An Analysis
- AI can do more, where else is it going?
- All new territory!
- All questions about electronic invoices in one document
- Alternative financing methods for startups – an overview
- Anti-competitive misleading by claiming to be proprietorship of a trade mark?
- Are trading apps allowed to restrict trading?
- As a teenager, make e-sports men/streamers self-employed?
- Attempt of cybergrooming to become punishable by law
- Attention craftsmen and service providers: Unresolved consumer revocation – a long-term consequence without value replacement!
- Attention with Black Friday advertising!
- Attention: Every craftsman/service provider should know this ECJ ruling!
- Attorney Härtel in the metaverse – so somehow: The chatbot
- Bad WLAN on vacation? Travel price reduction!
- BaFin continues to postpone PSD2
- BaFin: Dark patterns in trading apps inadmissible
- Berlin District Court bans baseless Twitter ban
- Better not send dickpicks via social media!
- Better to be safe than sorry…..The Lawyer’s Opinion
- Beware of fake default judgments by e-mail
- Beware of fake streaming offers
- Beware of fraudulent emails with transparency registry
- BGH changes case law regarding receipt of cease-and-desist declaration
- BGH confirms conviction for incitement of the people by online videos
- BGH confirms ruling against darknet marketplace operator
- BGH expands civil senates
- BGH for advertising with ECO-test seal
- BGH makes salesman the trick madig
- BGH on damages due to US lawsuit in German jurisdiction
- BGH on gaing property right of stolen works of art
- BGH: is Adblock dominant as a provider?
- BGH: Lexfox compatible with legal services law
- BGH: There are no negative interest rates
- Bitcoin trading not subject to licensing
- Brexit and the .eu domains
- Building sustainable trust with professional contracts
- Bundeskartellamt and ratings on the Internet
- Buying bread rolls like on the Internet?
- Can contracts be created with AI?
- Cathy Hummels, surreptitious advertising as an influencer?
- Cell phone customers have right to object to price increase
- Classification of opinion as an insult violates freedom of expression!
- Cologne Higher Regional Court on secret video recordings of Wallraff
- Cologne Regional Court bans advertising for online gambling on TV
- Combating hate and incitement on the Internet
- Consent to photo publishing by parents limited in time!
- Contracts in IT law – everything always in writing
- Copyright Directive: Code revocation by developers possible?
- Corona crisis: Where is aid available from development banks?
- Corona: Federal government wants to help solo self-employed!
- Corono crisis: How can the tax office help?
- Costs of a patent attorney in the UWG trial
- Court case via internet chat
- Court proceedings via Skype
- Darknet soon to be criminally relevant?
- Designation as “Gollum” is an insult
- Disabled sport spurns esport as well
- Domain seizure: BGH obliges DENIC
- Double trademark application = bad faith?
- Draft law to strengthen consumer protection in competition and trade law
- ECJ decides on the place of action of a trademark infringement
- ECJ ruling on consumer revocation: Contracts without proper revocation instructions could be expensive
- ECJ upholds invalidity of Adidas World image brand
- ECJ: Rubik’s Cube cannot be protected as a 3D mark
- Employees of the BRD-GmbH must also pay broadcasting fees
- Esport and the concept of sport – let it stay
- Esport: Sports Committee of the BT meets Wednesday
- EU Copyright Reform & Upload Filter
- EUIPO trademark application follows fraudulent payment requests
- Excessive and unjustified warning does not lead to liability of the warning party
- Exclusion from lessons for distribution of violent videos
- Facebook: New rulings on deletion claims
- Fack ju Göthe may be registered as a trademark
- Federal Council fails to find majority against cybercrime
- Federal Government, Criminal Law and the Attempt at Cybergrooming!
- Federal Patent Court does not delete trademark “Black Friday” completely!
- Fees on SEPA transfers for old contracts inadmissible
- File sharing and instruction by parents
- Fortnite to blame for divorces?
- Founding a startup: Which legal form is right for you?
- Fritzbox with alternative software = trademark infringement
- GeschGehG: Do NDAs need to be revised?
- Guide: Advertising labelling in social media offers
- Hagen Regional Court on Instagram and influencers
- How companies master the legal framework of digital transformation
- How compliance creates a win-win situation for customers and providers
- How startups get funded: An overview from seed to venture capital
- How to develop your own board games without violating copyrights.
- Hundreds of thousands of “parking tickets” illegal?
- In case of credit card payment: Always cancel any cancellation receipt!
- Incitement of the people also possible in private Whatsapp group
- Influencer warning wave rolling?
- Influencer: Federal Government wants to create new regulation
- Influencer: Just tag every post with advertising?
- Influencer: Kammergericht mitigates LG Berlin
- Influencers as artists: when content is subject to the concept of art and how it is protected
- Influencers, advertising and the state media services
- Information security as a success factor: Why it pays off!
- International trademark application at WIPO
- Internet connection blocked? Interim injunction permissible!
- Interstate Broadcasting Treaty: Probably no gamer privilege for streamers!
- Is “Sponsored Post” enough as an advertising label?
- IT law in times of the Corona crisis
- ITMediaLaw no trademark infringement 😉
- Kammergericht: Black Friday trademark expired
- Kramp-Karrenbauer wants to limit expression of opinion by influencers
- Law on payment obligations in the Corona crisis *Update*.
- Legal pearls for the weekend
- Lego brick still protected as a design patent
- LG Bonn on access to WhatsApp messages
- LG Dresden: Once again unjustified Twitter blocking
- LG Düsseldorf: “Malle” as a trademark has legal status
- LG Frankfurt: Online portal must offer more than just woman/man to choose from
- LG Hamburg on Influencer Advertising and “Sponsored Content”
- LG Munich: The gold of the gold hare can be protected under trademark law
- LG Nuremberg bans Twittter ban over AFD tweet
- LSG Celle: Artists’ social security contributions may not be levied on the basis of an undifferentiated estimate
- Masculinity is legally a defect!
- Media outlets consider influencers law pointless
- New info on the status of the State Media Treaty
- New law for fair consumer contracts
- New obligations in the transparency register
- New operating system at work? No right of co-determination for employees!
- No A1 form for business trips
- No compensation for use in the event of revocation of a loan agreement concluded at a distance
- No deletion of YouTube videos in the event of an obligation to cease and desist
- No exemption from broadcasting fees for reasons of faith and conscience
- OLG Brandenburg: Electronic data is not a thing!
- OLG Cologne prohibits use of www.wir-sind-afd.de domain
- OLG Cologne: Blocking/deleting a social media account
- OLG Düsseldorf allows tight best price clauses
- OLG Karlsruhe on the publication of private chats
- OLG Munich or “Gambling costs money again!”
- Online flight booking and baggage costs
- Online retailer must inform about manufacturer’s warranty
- Plagiarism accusation is only an expression of opinion
- Poker wins and cash games = commercial income?
- Police officers also have a right to their own image
- Presumption of urgency at GeschGehG
- Professionalize your own work as a freelancer?
- Programmer in home work is subject to social insurance!
- Prohibition of illegal gambling in Schleswig Holstein
- Promotion with discount codes = sneaky advertising?
- Protect streamers from warnings
- Red, Red, Red blooms only the savings bank…
- Reimbursements if trade show is canceled due to Corona virus?
- Repackaging of medicines is trademark violation!
- Ritter-Sport square shape continues with trademark protection
- Router compulsion with Internet provider = illegal
- Sample contracts: opportunities and threats when used in the business world
- Secret teacher videos on Instagram? Suspension from school!
- Separate prosecution of UWG claims not necessarily abused
- Slicing the Pie Agreements at Startups
- Sneaky advertising on linear television is also being watched
- Specialist lawyer for sports law is coming 😉
- Spree killings announced over the Internet?
- Streamer with pseudonym: lawsuit against unknown?
- Study on violence in games – no connection with player behavior
- Stumbling blocks you should be aware of when reading a contract
- Successfully raising investments through crowdinvestment: opportunities, risks and legal pitfalls for startups
- Supreme Federal Courts on Mastodon
- Sweepstakes and illegal image use
- Tax office can seize domain
- Telecommunications providers and revocation
- Telefonica must pay out 225,000 euros in Easy Money credit to customers
- Telekom may no longer offer “Stream On
- Telephone provider must not threaten with improper blocking
- The ‘Blue Pencil Test’ in German Law – Application and Significance from the Perspective of an IT Lawyer
- The 5 rules of interpretation of contracts that everyone should know!
- The invaluable value of well-drafted contracts: Promoting legal certainty, legal peace and entrepreneurial growth
- The King and the Two Sons or “Self-Employment as a Lawyer”
- Threat to publish nude images is a criminal offence
- Tips for successful contract negotiations!
- Trade Secrets Protection Act in April
- Trade Secrets Protection Act: Act now!
- Twitch streamers and changes to the Interstate Broadcasting Treaty
- Twitter account and responsibility
- Unauthorised rental via AirBnB: 6,000 Euro fine
- Unauthorized discarding of returns soon prohibited?
- Unsuccessful constitutional complaint against obligation to transmit IP addresses
- Video on broadcasting licenses for streamers
- Webinar on DE-minimis computer game promotion
- What is the Artificial Intelligence Act?
- What legal framework do you have to consider for a home office?
- Whatsapp: family members may offend each other
- When can I use the Ecotest label?
- Why are contracts important?
- Why startups should be careful with high investments: 5 reasons pro and contra
- Why text AI is not 100% reliable when it comes to contract drafting!
- Why wasn’t I taught to reason in school?
- Why work with a lawyer as a streamer?
- Will there soon be material defects for digital content? Obligation to update software is coming!
- With trust in success: Why influencer contracts are so important
- Working abroad in the EU? Do not forget A1 certificate!
- YouTube: What to do about copyright extortion?
- YouTuber/Influencer: Watch out for prank videos
Tax
- “Donations” on YouTube or other websites
- As a teenager, make e-sports men/streamers self-employed?
- Attention GoBD: Trap in the accounting of the self-employed
- Attention to misuse of VAT ID
- BFH and the taxation of gains from the sale of cryptocurrencies?
- BGH clarifies the distinction between pseudo self-employed and employees: An urgent warning for startups, game developers, esports teams and agencies
- BGH on entrepreneurial status in the case of scheduled purchase and sale of goods via eBay
- BMF on sales tax with regard to Great Britain in 2021
- BVerwG with respect to an attachment order against DENIC
- Cost trap for the self-employed: travel expense report
- Dealers on online marketplaces; 1.10.2019 and 22f UStG
- Dealing with Fiverr, Upwork and other outsourcing platforms
- Differential taxation and price indications Regulation
- ECJ on VAT for influencers on platforms
- Esport Association for the Promotion of Youth?
- Federal government plans tax guide for influencers and bloggers
- Fiverr & sales tax: Is there a performance commission?
- Hamburg wants to accept Esport under tax law
- HOT/Important: Google Ads tax liability trap
- Influencers and taxes
- Liability trap BFH judgments on VAT in case of warnings
- Mobile games as a service commission – recover sales tax?
- New reporting requirements for trading platforms through the PStTG
- No tax exemption according to § 11 para. 1 Sentence 2 InvStG for foreign investment funds
- No withholding tax for online advertising
- Rental of virtual land is subject to sales tax
- Risk Social Security / Tax audit for streamers, esports enthusiasts, etc.
- Sale of vouchers via the Internet is subject to VAT
- Sales tax for FBA deliveries; delivery commission
- Sales tax reduction as of July 1: What to watch out for?
- Small Business Owners, VALUE Added Tax and Price Information Regulation
- Soon reduced VAT rate also for e-books
- Streamers/Influencers, Merchandising and the Sales Tax
- Tax law and esport in 6 problem areas
- Tax law: What’s new in tax law besides home office?
- Tax Treatment of an Incongruent Advance Profit Distribution Resolution Breaking the Articles of Incorporation on a Point-by-Point Basis
- Tax treatment of Upwork in Germany?
- Taxes on regular eBay sales
- Withholding tax and advertising: some more info!
- Withholding tax and Google Ads
Uncategorized
Warning
- Advertising with “climate neutral” can lead to a warning notice
- Advertising with self-employed
- BGH on the costs of partially successful warning letters
- Can I talk badly about a competitor?
- Christmas: Claim against parents?
- Defense clause on websites: Not a good idea
- Epic Games continues to issue warning over Fortnite
- GDPR violation not reproaforatible?
- Google must also read emails – imprint obligation
- Imprint and social media: A few stumbling blocks
- LG Karlsruhe: Tagging photos without advertising label
- LG Munich: Affiliate links must be sufficiently identified!
- Online services: Don’t forget the cancellation button!
- PackG: Affiliates, Merchshops, Dropshipping affected?
- Purchased reviews on Amazon
- Warning letters due to missing basic prices
Web3 Law
- “Invested” in tokens and nothing happened? Get money back?
- AI & Copyright: An Analysis
- BaFin and the regulation of e-money (including computer games)
- BFH: The trade or sale of cryptocurrencies is taxable
- Bitcoin and NFTs are just the beginning: Why Blockchain / DLT can do so much more!
- Blockchain and DLT technology: How they promote democracy and strengthen DAOs’ right of participation
- Blockchain in computer games – a new playing field for lawyers?
- Blockchain technology and the GDPR
- Blockchain, Games and Esports
- Copyright in the digital world: What’s next for AI image generators?
- DLT and the legal profession
- Esport vs. Blockchain – professionalization and future put to the test
- Establish a blockchain limited liability company? Does that
- Legal consequence for failure to perform a utility token?
- Meaning of NFTs?
- MiCAR – lots of reading for blockchain companies.
- NFT / Metaverse / Blockchain Law Lecture in Zurich
- NFT and esports: an additional income opportunity or high legal hurdles?
- NFT and prospectus requirement
- NFT and the copyright problem
- OLG Frankfurt: No liability for lost profits when buying cryptocurrencies as a courtesy
- Regulation of DLT – a brief overview
- Right of withdrawal for NFT purchases?
- Right of withdrawal for sales of blockchain content
- Standard NFT and MiCAR
- Startup financing through tokenized profit participation rights and related financing options.
- T&Cs, regulation & compliance in blockchain & computer games: What you need to know
- Tax liability for “Play to Earn” games
- The final draft of MICAR (Markets in Crypto Assets Regulation) is available: A rough overview of the content
- The future of the Internet: Web3 and the new law
- The legal classification of smart contracts
- Trademark law also applies in the metaverse
- What are NFT? A small overview
- What are Security Tokens and what are Utility Tokens?
- What is “digital property” and how can I benefit from it?