Computer games and the law in Germany: The world of computer games has developed rapidly in recent decades and is now a major industry that delights millions of people worldwide. However, behind the colorful graphics and exciting stories lies a complex legal landscape that developers, publishers and other parties involved must take into account. The law governing the development of computer games encompasses numerous areas of law, from copyright and media law to data protection and the protection of minors.
Tag: Softwarelaw
Is there a strategy for dealing with ransomware? Ransomware is a type of malware that blocks access to the victim’s system or data and demands a ransom to unlock or release it. Negotiations with cybercriminals over such attacks can be complex and risky.
Ransomware attacks are one of the biggest threats to companies worldwide: dealing with such crises correctly, especially negotiating with the attackers, can be crucial to minimizing the damage and regaining control. I am an atypical source of information here because I usually work as a lawyer for the attackers and therefore have completely different insights.
I would like to loosely explore the question of whether there can be fundamental strategic considerations on this topic. And indeed, based on current studies and practical experience, important insights can be gained and mistakes that can occur during negotiations can be avoided.
A software development contract regulates the relationships and obligations between a client who wishes to have software developed and a software developer or a software development company.
The core of such a contract is to precisely define the specifications and requirements of the software to be developed in order to ensure that the end product meets the client’s expectations. In practice, however, it is precisely this part that is shied away from, firstly because it does not seem practicable, as requirements are always subject to change anyway, and secondly because people shy away from the work involved.
The Federal Government’s China Strategy provides a comprehensive perspective on the current state of and future opportunities for relations with China. It serves as a guideline for the various ministries of the German government to pursue a unified and coherent policy towards China, especially with regard to digital issues. Current questions in the Bundestag reveal the current position of the German government with regard to China in terms of digital policy.
What needs to be considered when importing from Asia, especially China or Vietnam – what are the pitfalls when importing goods from China and the Asian region? It is interesting to note that companies sometimes take a rather naïve approach to international trade.
This shows that you sometimes have to be extremely careful – our law firm used to advise clients, especially start-ups, who are dependent on importing products from Asia and China in particular, whether these are manufactured at the client’s request or supplied off the shelf.
Note: Our law firm based in Germany is only active in this area for criminal compliance and IT law, please refrain completely from inquiries regarding other products imported from Asia.
The case of the Regional Court of Cologne, 33 O 39/20, concerned the acquisition of trade secrets through reverse engineering in the biological field (the acquisition of antibodies was at issue). The decision illustrates the – repeatedly underestimated – importance not only of well-worded contracts, but also of the actual conclusion of the contract. This decision in particular makes it clear that companies should pay very close attention to ensuring that their services, which are actually protected as trade secrets, do not unintentionally become fair game – it is finally time to wake up and stop treating the issue of trade secrets stepmotherly!
The Munich Higher Regional Court (20 U 3236/22 e) had the opportunity to comment on the obligations of a provider of standard software on the occasion of the termination without notice of a software and license subscription.
An often underestimated problem is the so-called pseudo self-employment: It can happen that someone is self-employed “on paper” and also behaves like this in everyday life. However, case law and the social security funds in Germany can come to the conclusion that an employment relationship is to be assumed despite self-employment. Objective criteria are used for this – and if the apparently self-employed person is then actually classified as an employee, this has unpleasant consequences: Social security contributions must be paid in arrears, which in Germany can quickly run into six figures! In addition, there is the threat of criminal liability for the involuntary employer and suddenly a monthly remuneration obligation if one does not give proper notice.
When does pseudo self-employment exist? The Federal Social Court (B 12 R 7/15 R) had the opportunity to comment on the criteria for the assumption of pseudo self-employment. Especially in the area of IT law and the widespread use of freelancers here, this is a constant minefield. At the time, the court had ruled that it is a weighty indication of self-employment if the agreed fee is significantly higher than the salary of a comparably employed employee subject to social security contributions and thus allows for self-provision. On this occasion, the court also once again discussed the criteria to be used in the examination of a pseudo-self-employment.
When developing software (“software development”) and using it commercially, some legal aspects have to be considered in order to avoid possible legal problems.
In the last few years of my work, the same issues have emerged time and again, some of which are underestimated and others ignored by software developers. The local IT startup industry suffers from something that is rarely observed in this blatant form abroad: the complete refusal of legal assistance. The idea of budgeting a fixed portion for ongoing legal costs overwhelms many – and ultimately leads to unnecessary additional costs.
Untested software is worthless – as far as the truism goes. Especially in the case of further developments or bug fixes in productive environments, not only is testing indispensable, but in particular one must work with real data.
The classic is a further developed customer support system to which the changeover is to be made. As a rule, initial test runs are carried out here (in extracts) with existing customer data records. But is this permissible under data protection law? This question has been controversial up to now, but has now been answered by the EU Court of Justice – quite satisfactorily – in a rough outline.