Games law in Germany

Due to the creativity of gaming-participants, Online Law brings constantly new legal challenges up, which we are more than ready to solve with our specialist attorneys.

The current legal questions around gaming show the rapid development in all aspects of Games Law. Of course, the classic console games still exists, but the trend towards online games or mobile gaming is largely growing and leads to different legal issues that just a couple of years ago were not to contemplate.

At first glance, it does not matter who is responsible for the game and who is the developer: from the start up, to non-professional software developers or software developing studios, up to big production companies or game publishers, the legally solvable tasks are vary and often very different from each other.

Our qualified attorneys for copyright and media law and intellectual property rights know these topics really well. Whether image or film law, producer or development contracts, media support and other financing, we are here to accompany you through the whole path to your success, both nationally and internationally.

Developers, publishers and all other service providers in the market of the games are dependent on the fact that they work together with experienced lawyers with in-depth legal knowledge in media law, IT law, Internet law, data protection law and, of course, intellectual and industrial legal protection.

Our attorneys for copyright and media law are therefore also specialists for intellectual property rights. We advise and represent nationally and internationally in Games Law issues, both for young and established companies and individuals.

We offer support in all of the legal and labor-related matters regarding Game Law, we offer solutions for contracts of all kinds, whether software development contracts, license agreement, GTC, sales contracts, data protection clauses, general legal indications etc.

 

  • Games in general (no matter which Platform/ Environment)
  • Browser games (Online-Browser-Games/ Offline-Browser-Games)
  • Mobile Games (App-Games/ Mobile games/ Tablet games/general platform games)
  • Online-Gaming general
  • Client Games
  • Apps
  • Legal support for the creation of a business (partnership agreements, AGB, Financing/promotion)
  • Legal formulation of al gaming contracts (such as work contracts, freelances contracts, NDA, bans on competition, software development contract, licence contract, distribution agreement contracts, testimonial contracts, Publishing contracts, QA-contract, cooperation agreement, advertising contract, Production contract, Film contract, Foot contract, copyright and utilization agreements)
  • Legal detection of commercial property law and their related allocation, enforcement and defence of industrial property rights
  • Legal matters of virtual currency and virtual objects
  • Trading legal issues with market and digital content of all kinds (image law, film law, data bank law, pre-release)
  • Particular copyright and media legal matter regarding online games and mobile games
  • Question of  age categorization USK o rage categorization´s system in online games and mobile games
  • International Payments legal issues
  • Legal consultation and representation in the creation and supervision of online games-platforms etc.

IT Outsourcing under German law

IT outsourcing transactions must be legally supported. Depending on the content of the specific project, local, national and international IT outsourcing can be involved in advising on the general IT law, data protection law, professional law, antitrust law, intellectual property rights and intellectual property rights. Our IT outsourcing practice includes the outsourcing of simple or complex databases, data centers, client / server hardware, TK to the entire IT structure of a company. We provide comprehensive consulting services for the outsourcing of information technology and business process outsourcing (BPO). We also advise on the outsourcing of IT business processes, system integration agreements, cooperations, etc. This covers the commercial protection, distribution and use of various IT products and IT services.

In the following areas, we offer our clients our special expertise in IT outsourcing / IT law:

  • IT Outsourcing
  • Business Process Outsourcing (BPO)
  • Performance Specification (IT-Project contracts)
  • Service Level Agreements
  • IT-Project and System-Integration contracts
  • Domain Name Dispute Resolution
  • Internet Agreements (Website-/Shop-/Usage contracts)
  • VAR-, ISV-, OEM Contracts
  • Hard- and Software Maintenances
  • IT-License Contracts
  • IT-Distribution Agreements
  • Backbone agreements
  • Network-/Technical Contracts
  • RFI, RFP, Term Sheets und Indicative Offers.
  • Escrow-Contracts

eBay law

The most famous sales and trading modern platform eBay has left its initial legal uncertainties in the past; now all the questions and problems have been clarified by the court and the legal framework has been strengthened. This concerns e.g. questions regarding the liability of eBay itself, rights and duties of buyer and seller, delimitation consumer / entrepreneur or private dealer / commercial dealer and so on.

However, the following topics regard those important questions that have not been completely clarified yet.

  • Intellectual Property infringements and related warning proceedings
  • Product-related special provisions
  • Warranty and liability
  • Price offers (Shipping costs transparency, final price)
  • eBay-Feedbacks
  • VeRi-eBay´s program in Germany
  • Power traders
  • Immediate sale

Facebook law

The legal relationships of Facebook users (as well as in relation to third parties) are constantly changing as a result of new “provisions” (General Terms of Use of Facebook), special agreements, and new opportunities advertised or offered by Facebook, as well as amendments to the jurisprudence and legislation.

This sort of „flood“ of regulations is by no means a matter of data protection law, but presents a particular obstacle to the „usage right“ in legal sense.

It is really easy for an “unaware” user to breach the law, for instance, by infringing the rights of a protected digital data, a picture or a video.

We are familiar with Facebook policies and we know how to avoid a legal infringement, or –if necessary- we know how to react once the breaching has already taken place.

Do not hesitate to contact us for further questions or clarifications.

German IT Law

We are experts in the IT industry at all stages of its value chain. In addition, our lawyer, graduate engineer, Mr. Michael Horak, has been working for more than 25 years in the sector of IT law. Michael Horak, in fact, not only was an excellent law school student, but also studied electrical engineering with focus on information technology / telecommunications. But he is not the only expert in our team: our patent attorney, Mr. Andree Eckhard also comes from the technical field of IT law.

The entire area of Information Technology and Telecommunications, including message processing, software and hardware technologies and networks are at the basis of our law firm: online, offline, whether as ASIC or APP. National or International.

Information Technology, media law, internet law or online law are combined in a variety of legal areas (including domain law, IT-Law, telecommunications law, copyright law, computer law, media law, general civil law etc.). We are familiar with all those matters and topics regarding “the Net”. Our talented attorneys are specialized in German, European and international legal provisions, and are able to represent and assist you in all legal matters in these specific area of law: from the implementation of simple webs, up to complex IP projects and the creation of important contracts in the area of computer law, copyright law, or domain law and so much more, with Horak Attorneys at Law.

In summary, we know exactly the meaning of technical terms and branches of industry. Nonetheless, we are able to prepare complicated technical issues for the other legal bodies in order to assess the actual technical problems and to recognize them directly. We quickly and precisely understand what is important for you and we act accordingly, in order to achieve great results together. Our judicial competence is our strength and we will convince your partners or opponents in judicial or extra-judicial proceedings.

Which service do we offer in our IT-Law Firm in Germany?

The whole regulations regarding information technologies and telecommunications including the processing of messages, software and hardware technology as well as networks, are objects of specialization and interest for our team. This includes in particular:

  • Project and Company Support in all branch-specific legal questions regarding IT/ TC market;
  • Preparation and examination of contracts (in addition to special and general terms and conditions);
  • Licensing (software, hardware, deposit/escrow);
  • Contract enforcement ;
  • Claims defence;
  • Authorization and approval procedures;
  • Copyright and media law;
  • Protection of intellectual property rights and other safeguarding of corporate values.

Within the framework of the aforementioned overview, we cover the following area in the field of IT Law:

Internet/Online Law

  • Liability for online content;
  • Online-specific copyright;
  • Online expression of opinions, protection of personal rights;
  • Provider contracts, provider liability;
  • Warnings and their defence;
  • Creation of terms of use for websites;
  • Liability of Forum and platform operators;
  • File sharing, illegal downloading of music and movies;
  • Liability for hyperlinks, search engines;
  • Data protection, creation of the privacy statement (Datenschutzerklärung);
  • Domain disputes, domain laws;
  • Online Marketing;
  • Legal Support for internet service providers, web designers, media agencies, web shop operators and eBay shops;
  • Youth Protection on the internet;
  • E-Commerce and E-Business;

IT-Contract Law

  • Design and negotiation of IT-Contracts (Software production, outsourcing, adaptation, hardware procurement, support contracts, system contracts, licensing agreements, alternative license models, project contracts, sales contracts, employee and consultant revenues);
  • Transfer of software over the internet;
  • App-related contracts;
  • Privacy contracts,
  • Creation of GTC;
  • Provider contracts (access, hosting, housing, ASP etc.);
  • Software Escrow;
  • Service Level Agreements;
  • Warranty rights (software defects, hardware defects, and system or network errors).

Copyright and Media Law, trademark law, title protection law, competition law

  • Software;
  • Open Source Software;
  • Internet content in Websites, Web shops, eBay Shops;
  • Domains;
  • Files sharing, P2P, Downloads of music and movies;
  • Data Bank;
  • Advertising regulations.

International IT Law

  • International IT Project contract law;
  • International Software Law ;
  • International Copyrights Law;
  • Arbitration proceedings.

IT-Procurement Law

  • IT-Procurement;
  • Examination and creation of tendering documents;
  • Implementation of IT-Procurement Law proceedings for public clients;
  • Representation in IT-Procurement Law proceedings.

Websites’ legal examination:

  • Imprint;
  • Revocation Policy;
  • Data Protection;
  • Youth Protection;
  • Legitimacy of advertising from a competition point of view;
  • Price Quotation.

Media and press law:

  • Telecommunication Law;
  • Radio-/TV-Streaming;
  • Tones, music and image law;
  • Online- and Offline press law.

IT specific penal law:

  • Data protection law;
  • Theft of data;
  • Competition Law.

IT-Law Firm

Horak Attorneys at Law can provide support for the whole IT legal framework. In doing so, we strive for a lasting relationship with you, based entirely on the quality, trust and reliability of our services.

We advise small and medium-sized enterprises, corporations, institutions of the economy and public-law bodies of different sizes as well as individuals. And we offer even more!

Our firm profile is characterized by our lawyers. We are service providers. Professional competence, in-depth and continuous training, experience and specialization are the basis of our law firm.

Early legal advice allows you to legally secure you activities. Make sure to contact an expert.

Our attorneys are practicing the job of their dreams: perfect consultancy and high quality standards are combined with the personal care of our office.

We complement each other and we have one goal: your success.

Do you have plans or ideas and would like to have a reliable partner for its implementation? Please fill our enquiry form, or send us an e-mail describing your situation and your queries. We will contact you as soon as possible. Your attorney will be always there for you, will support you and advise you throughout the whole development of your case.

Representative Authority of our IT-Lawyers

Our lawyers are authorized to represent you before all courts (all administrative courts, land and upper courts, as well as all federal courts with the exception of the BGH in civilian matters). Of course, we also accompany our clients before the European Court of Human Rights, the European Court of First Instance, the European Court of Justice, and many other national and international authorities and arbitrators.