Final Decision in Runes of Magic Case: German Federal Court of Justice Upholds Ban on In-Game Item Advertisement

Konstantin Ewald and Felix Hilgert dissect the German Federal Court of Justice’s final decision banning an advertisement for in-game items that allegedly targeted children. The court is hard to follow at times and leaves a number of issues open. We explain the consequences of the decision and how game operators can react.

Apps and Digital Games: Complying with the new consumer protection laws in Germany

Konstantin Ewald and Tim Maiorino on the changes in German and European consumer protection law after the implementation of the Consumer Rights Directive, what they mean for the games industry and how to comply with new requirements when using third party distribution platforms.

German Data Protection Authorities Publish Guidelines for Mobile Apps

Konstantin Ewald and Felix Hilgert explain the recently published data privacy guidelines for mobile game and app developers – and why they matter to everyone in the industry involved in selling or operating apps in Germany.

Keyselling Violates Copyright

Konstantin Ewald and Felix Hilgert on a decision of the Regional Court of Berlin according to which German copyright law does not allow the individual resale of license keys that ship with boxed computer games.

Update: Valve May Prohibit Steam Account Transfers – German Judgment Published

Felix Hilgert and Konstantin Ewald explain the background of a recent decision of the Regional Court of Berlin which ruled that German consumer protection and copyright law do not oblige Valve Inc. to permit users to sell or transfer Steam accounts. Our prior publication on this topic is here.

European Commission: Germany has implemented Cookie Directive! Really?

Konstantin Ewald and Felix Hilgert on the “clandestine” implementation of the Cookie Directive in Germany, what it means for website operators and what you can and should do to be compliant.

UPDATE: Federal Court of Justice bans ads for virtual items in online game – reasons for judgment available, but not final

Konstantin Ewald and Felix Hilgert comment on the Federal Court of Justice decision banning online game item ads allegedly targeting children. The reasons are contradictory and not convincing – but the decision, a default judgment, is not yet final.

Update: Liability of One-Click Hosters for Users’ Copyright Infringements

Konstantin Ewald looks at recent case law developments on hosting providers’ liability for copyright infringements committed by their customers.

Federal Court of Justice bans ads for purchase of virtual items in free-to-play online game

Konstantin Ewald and Tim Rupp discuss a recent Federal Court of Justice decision that could have a lasting impact on online advertising for virtual items in “free to play” online games.

Strengthening of Consumer Rights – The “Button Solution”

Konstantin Ewald analyzes a recent change in German consumer protection law requiring all online shops and providers of paid online services to modify their sales process and include very specific statutory design elements and labels.

The legal status of second hand game sales in the European Union

Konstantin Ewald and Jas Purewal have looked at the CJEU decision on the sale of used software licenses and the scope of the doctrine of exhaustion regarding digitally distributed software and summarize what this decision means for the games industry.

The New State Treaty on Youth Protection in the Media

Germany’s new rules on youth protection in the media, effective January 1st, 2011, will affect anyone doing online business in Germany, and in particular providers of online content and games. Our special explains relevant changes and opportunities.

Update: An unexpected last-minute change of political opinion has halted the new treaty. Read Konstantin’s detailed English language explanation here.