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