In response to this, the Düsseldorfer Kreis, an informal working group of several German data protection agencies, created a set of guidelines for app developers and providers. Our miniseries takes a closer look at the guidance and the impact of privacy law in the mobile sector. App developers and providers would do well to take the guidelines into account from the very beginning of the development process. Read more
More specifically, the contested wording included the sentence “Seize the advantageous opportunity and add that certain something to your armour & weapons”. Seized by a consumer watchdog organisation, the BGH considered the language a direct exhortation to children to purchase the items, which is prohibited by unfair commercial practices legislation.
The final written reasons for the decision (docket no.: I ZR 34/12) have now been provided, ending the lengthy litigation which started in 2009. While they address and attempt to resolve many of the most widely criticized shortcomings of the default judgment, they still leave readers puzzled in places. Is this a rogue case or the end of the free-to-play business model in Germany, as some commentators have speculated? We are seeing increased enforcement action in the wake of this decision, including from youth protection authorities. How should online games providers conduct themselves now? Read more
Earlier this year, the Regional Court of Berlin dismissed the lawsuit of German consumer watchdog group Verbraucherzentrale Bundesverband (“vzbv”) against Valve Inc. over the provisions in company’s terms of service that prohibit the sale or transfer of user accounts on the Steam digital distribution platform. It was the second time the consumer rights activists had sought the help of the courts to force Valve to allow such transfers – both times without success. The ruling touches on hot issues of European copyright law and may have ramifications for the games industry and the used games market across all EU jurisdictions. Read more