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Technology- & IT-Law

The Metaverse Is Not Dead – Bitkom Shows: The Second Phase Has Begun

Few digital concepts have seen a rise and fall as rapid as that of the Metaverse. After a short-lived, almost feverish hype, it vanished from the headlines, eclipsed by the next wave – generative AI. But make no mistake: the Metaverse is far from dead. Bitkom’s latest 2025-report makes it clear – the development has not stopped, but matured. And for legal professionals, this is precisely the moment to look again, because the truly complex legal questions are only now emerging.

Categories
Criminal Defense Technology- & IT-Law

Polymarket: When Betting Becomes World Interpretation

At first glance, the blockchain-based betting platform Polymarket might appear to be just another technical curiosity from the world of cryptocurrencies. But a closer look reveals a profound social phenomenon: the gamification of political and societal reality. If you want to know what people believe is likely to happen—and are willing to back up with real money—you’ll find Polymarket to be a fascinating, if deeply ambivalent, arena.

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Cybersecurity Liability of the management Technology- & IT-Law

Liability of Companies in Phishing and CEO Fraud Incidents

Legal Standards and Case Law on CEO-Fraud: Phishing and CEO fraud have become prominent tools in the arsenal of organized cybercrime. Increasingly, companies are not just targets but gateways through which substantial sums are misappropriated—often under the guise of legitimate internal instructions. The legal fallout is predictable yet complex: Who bears the financial loss when a manipulated employee executes a fraudulent payment? Can the company hold its bank liable, or does the responsibility fall on internal governance?

This article explores the legal framework governing the liability of phishing and CEO fraud victims, particularly from a civil law perspective. The analysis is grounded in recent German case law, interpreted within the context of the European PSD2 regime and modern organizational security obligations.

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Technology- & IT-Law

Domain Law in Germany

In the digital economy, domain names are more than just internet addresses—they are virtual real estate, trademarks in disguise, and often a company’s first point of contact with the outside world. As such, their legal status in Germany is complex, balancing principles of property law, trademark protection, competition law, and contractual governance by private registrars like DENIC.

For international businesses, navigating Germany’s domain law means understanding a landscape where ownership is shaped by civil law reasoning, yet constrained by fairness, good faith, and public policy considerations. This post offers a detailed overview of how domain law operates in Germany—and where the legal traps lie.

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Technology- & IT-Law

Art Law in Germany

Between Creativity and Codification – A Comprehensive Overview … what is art? A timeless question that continues to inspire debate among philosophers, curators, and artists alike. But as the art market becomes increasingly professionalized and digitalized, a new question emerges with growing urgency: What is art in a legal sense—and how is it protected?

Welcome to the world of art law: an interdisciplinary, evolving, and increasingly complex legal field that extends far beyond traditional copyright law. It touches the lives of artists, collectors, museums, gallery owners, NFT marketplaces, auction houses—and increasingly, defense attorneys.

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Technology- & IT-Law

Trademark Law in Germany

Understanding Trademark Law in Germany: Foundations, Modernization, and Practical Insights – in today’s global and highly digitized economy, trademarks are more than just badges of origin. They are strategic communication tools, carriers of reputation, and essential legal instruments to distinguish goods and services in a competitive marketplace. For businesses and legal practitioners outside Germany seeking to understand the country’s approach to trademark law, a closer look reveals a harmonized but uniquely detailed system shaped by European integration, national doctrine, and recent digital challenges.

Categories
Criminal Defense Technology- & IT-Law

Cryptocurrencies as Taxable Assets in germany

FG Nürnberg Confirms Taxability Despite Virtual Execution: In its judgment of January 22, 2025 (Case No. 3 K 760/22), the Fiscal Court (Finanzgericht, FG) of Nuremberg issued a landmark ruling on the taxation of gains from cryptocurrency transactions. The court not only confirmed the general tax liability of such private sales under § 23(1) sentence 1 no. 2 of the German Income Tax Act (EStG), but also addressed in detail a range of arguments raised by the taxpayer—concerning the lack of economic substance of tokens, the purely virtual nature of transactions, and alleged enforcement deficiencies by tax authorities.

Categories
Criminal Defense Labour law Technology- & IT-Law

The Exclusionary Rule in German Law: A Nuanced Doctrine Across Legal Fields

When foreign lawyers hear the phrase “Beweisverwertungsverbot” — the exclusion of unlawfully obtained evidence — they might assume it functions like its counterpart in U.S. law, with strict rules and predictable consequences. But in Germany, the situation is more complex. The exclusionary rule exists, yes — but it is neither automatic nor uniform across different areas of law. Its application is nuanced, contextual, and shaped by a delicate balancing of interests.

In this article, we’ll unpack how German law treats unlawfully obtained evidence, highlighting the different approaches in criminal law, labor law, and civil law. Through examples drawn from actual cases, you’ll see that exclusion is often the exception rather than the rule — especially in criminal proceedings.

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Technology- & IT-Law

Open source software in German law

Open source software (OSS) has long been the backbone of modern software development and digital infrastructure. Companies, start-ups and public authorities naturally build on frameworks, libraries and system components whose source code is publicly accessible. However, this technical freedom is accompanied by a legal responsibility that is often underestimated. Anyone who uses open source – whether for internal development or in commercial products – enters a complex field of copyright, licensing law and contract design.

The following is an overview of the most important legal aspects of open source software in Germany – with the aim of giving decision-makers and developers guidance and avoiding typical risks. I have been writing on this topic myself for decades.

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Technology- & IT-Law

3D Printing on the Moon: Opportunities, Risks, and the Threat of Cyberattacks

The vision of using 3D printers on the Moon has gained significant momentum in recent years. What seemed like a chapter from a science fiction novel not long ago is now coming within reach. Advances in additive manufacturing and successful tests of this technology in space reveal the immense potential that 3D printing holds for space exploration. However, where there are opportunities, there are also threats—especially in the realm of cybersecurity. Protecting sensitive print data and ensuring the integrity of the printing processes are crucial to realizing the vision of an autonomous Moon base supported by 3D printing.