Tag: Softwarelaw

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Cybersecurity Liability of the management Technology- & IT-Law

The new EU product liability landscape for software, AI and open source

European product liability law is being quietly but fundamentally rewritten. Software, AI systems and open source components move from the periphery into the legal core of what counts as a “product”, while cyber security and lifecycle management become part of the defect analysis. For management and engineering teams this means that software composition, open source usage and SBOM can no longer be treated as purely technical housekeeping; they are now part of the liability model.​

This article outlines the key elements of the new regime, explains how software, AI and open source are treated, and shows why SBOM and the Cyber Resilience Act (CRA) will be central in practice.

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Cybercrime Cybersecurity

Understanding cyber diplomacy as a strategic necessity

Cyberwar, cybercrime and the new geopolitics of digital sovereignty: the digital sphere is no longer just a technological terrain, but a battlefield of geopolitical interests. States are vying for influence, companies for market share and non-state actors are using cyberspace as an arena for espionage, blackmail and even digital sabotage – one reason why I keep returning to this topic.

I was interested to read the “Handbook for the Practice of Cyber Diplomacy“, published by leading experts in the field, which sheds light on the increasing importance of diplomatic strategies in cyberspace. It provides both a historical context and a pragmatic analysis of existing diplomatic mechanisms by which states attempt to bring order to a digitally fragmented global system riddled with power interests.

This is about far more than just cybersecurity: it is about power projection, economic dominance and the question of who sets the rules in the digital space.

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Technology- & IT-Law

No Injunctive Relief without Exclusive Rights in Military Software Development: Clarifying German Contract and Copyright Principles

Allocating exploitation rights in custom software development — especially in the sensitive context of military procurement — poses intricate legal questions under German copyright and contract law. In a thoroughly reasoned judgment dated 16 January 2025 (5 U 93/23), the Hanseatic Higher Regional Court (OLG Hamburg) clarified when a contractor may claim injunctive relief to stop third-party use of military software and where the limits lie if the contractor holds only simple usage rights.

This decision is legally significant beyond this individual case: it refines key aspects of the scope of Section 97(1) of the German Copyright Act (UrhG) and the purpose transfer doctrine (Zweckübertragungslehre) under Section 31(5) UrhG in the specific context of commissioned software projects for the German Armed Forces (Bundeswehr).

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Cybercrime Cybersecurity

Iran’s cyber capabilities and hackers

In recent years, Iran has significantly expanded its cyber capabilities and is using them aggressively against Western states. These measures include a variety of attacks ranging from data theft to destructive cyberattacks. Iran’s cyber strategy reflects the country’s overall asymmetric warfare and demonstrates how Tehran uses its limited resources to achieve significant impact.

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Cybercrime Cybersecurity

Hacker activities and espionage from China

As digitalization progresses, the landscape of international security has changed considerably. The activities of state-supported hacker groups in particular are increasingly becoming the focus of global attention. One of these groups, which has become particularly prominent in recent years, operates from China.

These hackers, often directly or indirectly linked to the Chinese government, are known for their efforts to gain technological and economic advantages through cyber attacks. In this blog post, I will address the topic in a casual style.

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Criminal Defense Cybercrime Cybersecurity

The Criminal Liability of DDoS Attacks and Botnets under German Criminal Law

In the age of digital infrastructures, Distributed Denial of Service (DDoS) attacks and the use of botnets have become emblematic of modern cybercrime. While these acts are often discussed in technical or operational terms, their legal dimension—particularly under German criminal law—is both sophisticated and rigorous. This article provides a detailed legal analysis of DDoS attacks and botnets, grounded in German jurisprudence and supported by insights derived from current case law and cybercrime reports.

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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

Software law in Germany: Software projects between work and service contract

A ruling by the Higher Regional Court of Frankfurt (case reference: 10 U 201/22) on December 19, 2024 dealt with a central conflict in IT services: the distinction between a contract for work and a contract for services. It concerned the development of interfaces within a larger software project and the question of whether the provider is liable for a specific success or merely for diligent action. This decision is of considerable relevance for companies as it provides guidelines for the drafting of contracts and legal protection for software projects.

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Liability of the management Technology- & IT-Law

Warranty law for AI systems: What companies in Germany should pay attention to

Companies that want to optimize their processes, make more informed decisions or develop innovative business models are increasingly relying on AI systems. However, the technological opportunities are also accompanied by considerable legal challenges, particularly with regard to warranty law. Anyone wishing to acquire an AI system for their company or train their own neural network on platforms such as Azure or AWS should carefully examine the legal framework.

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Liability of the management Technology- & IT-Law

The era of robots – change, challenges and legal perspectives in Germany

In 2025, robotics will have established itself as one of the driving forces in our society: intelligent machines are not only finding their place in industry, but also increasingly in everyday life. This development creates both opportunities and profound challenges that affect the labor market, the structure of society and the legal system. A recent article in the Handelsblatt serves as a starting point for me to write a few fresh lines on an underrated topic with considerable legal and socio-political explosiveness. Note: The article first appeared in German on my blog on robotics law!

Ära der Roboter – Wandel, Herausforderungen und Rechtliche Perspektiven
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