Gaming-Keys - Computerspiele zum Superpreis - ist das legal? | Rechtsanwalt Christian Solmecke

WBS LEGAL

6 May 201909:25

Summary

TLDRIn this video, Christian Solmecke, a legal expert, explores the legality of purchasing game licenses from resellers at a lower cost than from the game manufacturers. He discusses the risks involved, such as the possibility of the keys not being accepted by platforms like Steam, and the potential for legal disputes if the keys are from unauthorized sales. Solmecke also touches on the UsedSoft ruling by the European Court of Justice, which could potentially make the resale of game keys legal, despite the game manufacturers' terms and conditions. The video concludes with advice for consumers on how to navigate the resale market for game licenses while minimizing their risk.

Takeaways

😀 The video discusses the legality and risks of purchasing game license keys from resellers at a lower price.
🔑 There are authorized shops that collaborate with publishers and are allowed to sell keys legally.
🤔 The video raises the question of whether it's legal to buy keys from resellers located in countries like Russia or Hong Kong, where prices might be significantly lower.
⚖️ The Berlin Regional Court in 2014 ruled that if a game is bought on a DVD or Blu-ray, the license key cannot be separated and sold individually.
📚 The video mentions the UsedSoft decision by the European Court of Justice, which allows for the resale of used software if it was downloadable.
🛑 Some game manufacturers' terms and conditions prohibit the resale of license keys, but the legality of these terms is questioned in light of the UsedSoft ruling.
🌐 The origin of the keys sold by resellers is often unclear, and there's a risk that the keys might be stolen or not function in certain regions.
💡 The video suggests that the resale of game keys might be legal under certain conditions, similar to the resale of used software.
🚫 If a key doesn't work or is deemed illegal by platforms like Steam, users might face difficulties in getting a refund or could risk account closure.
🚨 The video warns of the potential for legal disputes if the keys are not usable, especially if they are from unauthorized regions.
📈 The UsedSoft decision could imply that the resale of game keys is legal, but there is no definitive ruling yet, and the situation might be taken to the Federal Supreme Court for clarification.

Q & A

Why are video games expensive and what is the alternative mentioned in the script?
-Video games are expensive due to their production costs and licensing fees. The script suggests an alternative of purchasing license keys from resellers like 2K, Games Rocket, and Kangoo, which may offer the games at a lower price.
Is it legal to resell license keys from video game resellers?
-The legality of reselling license keys depends on the terms and conditions set by the game publishers. Some resellers may operate legally with authorized shops, but others might be selling keys that are not authorized, which could be a violation of the publishers' terms.
What did the Berlin Regional Court decide in 2014 regarding the resale of game keys?
-The Berlin Regional Court ruled in 2014 that if a game was purchased on a DVD or Blu-ray and the key was printed on it, the key could not be separated and sold individually. It must be sold with the physical medium.
What are the potential issues with buying keys from unauthorized resellers?
-Buying keys from unauthorized resellers can lead to issues such as receiving stolen keys, which could be considered data theft under certain laws, or receiving keys that are not valid in the buyer's country, rendering them unusable.
What is the UsedSoft decision and how does it relate to the resale of video games?
-The UsedSoft decision by the European Court of Justice established that used software can be legally resold if it was originally downloadable. This decision could potentially apply to video games, allowing for the resale of game keys, although the legal situation is still unclear.
What are the potential consequences for users if they purchase a non-functional key from a reseller?
-If a user purchases a non-functional key, they might be able to demand a refund from the reseller. However, if the keys are found to be stolen, the user could potentially be implicated in data theft, although this is less likely if they were unaware of the keys' origins.
What does the script suggest about the likelihood of legal issues for users who purchase keys from resellers?
-The script suggests that users are unlikely to face legal issues even if the keys are from unauthorized resellers, as long as the keys function and are not obviously stolen. The main risk is that the keys might not be accepted by platforms like Steam or Uplay.
What could happen if Steam or Uplay does not accept a key purchased from a reseller?
-If Steam or Uplay does not accept a key, users might attempt to get a refund. A more dramatic scenario could be the closure of the user's account if the platform deems the key to be illegally obtained, although such account closures are considered disproportionate.
What is the current state of the law regarding the resale of video games in Germany according to the script?
-According to the script, there is no final decision from the Federal Court of Justice in Germany regarding the resale of video games. The only existing decision is from the Berlin Regional Court in 2014, which states that a game purchased on DVD cannot have its key sold separately.
What does the script suggest about the future of the resale of video game keys in the legal landscape?
-The script suggests that the future of the resale of video game keys is uncertain and that there may be further developments and court decisions that could clarify the legal situation.
What advice does the script give to users considering purchasing keys from resellers?
-The script advises users to be cautious when purchasing keys from resellers, especially those that may not be authorized. It suggests that while the resale of keys might be legal, there are risks involved, and users should be aware of the potential consequences.

Outlines

00:00

🛡️ Legality of Reselling Game Keys

The first paragraph discusses the topic of purchasing game keys from resellers at a lower price than from the original publishers. It raises questions about the legality of such transactions and the potential risks involved if the keys are not accepted by platforms like Steam. The speaker, Christian Solmecke, a lawyer, introduces the issue by comparing it to the past practice of buying cheap MP3s from databases in Russia, which were much cheaper than on iTunes. The paragraph explores whether resellers are authorized to sell game keys and the implications of purchasing keys that may be against the terms of service of game publishers. It also touches on the possibility of the keys being stolen and the legal consequences of buying such keys.

05:02

🤔 The Complexity of Reselling Used Software

The second paragraph delves into the complexities surrounding the resale of used software, including games. It references the 'UsedSoft' ruling by the European Court of Justice, which states that used software can be resold if it was originally downloadable. The speaker discusses the ambiguity in the legal status of game keys, considering that games encompass not only software code but also copyright-protected elements like films, music, and performances. The paragraph questions whether the terms and conditions of game publishers that prohibit the resale of keys could be illegal under the UsedSoft decision. It also addresses the potential criminal liability of sellers and buyers if the keys are non-functional or stolen, and the difficulty of proving the origin of the keys. The speaker concludes by suggesting that, despite the unclear legal situation, users are unlikely to face legal repercussions for purchasing game keys, but they might risk not being able to redeem them on platforms like Steam or Uplay.

Mindmap

Keywords

💡Resellers

Resellers are businesses or individuals who purchase products from a manufacturer or distributor and sell them to consumers. In the context of the video, resellers like 2K, Games Rocket, and Kangoo are mentioned as places where one might buy game licenses or keys at a lower price. The video discusses the legality and potential issues of purchasing game keys from such resellers.

💡License Keys

A license key is a unique code used to activate and register software, in this case, computer games. The video script discusses the purchase of these keys from resellers and the legal implications of doing so, as well as the potential risks if the keys are not accepted by platforms like Steam.

💡Legality

Legality refers to the state of being in accordance with the law. The video's main theme revolves around whether buying game licenses from resellers is legal. It explores different aspects of the law, including the terms of service of game publishers and the UsedSoft ruling by the European Court of Justice, which affects the resale of digital goods.

💡Terms of Service (ToS)

Terms of Service are contractual agreements between a service provider and its users. The video mentions that game publishers' ToS often prohibit the resale of game keys, which raises questions about the legality of such transactions. The script discusses how these terms might be challenged under certain legal precedents.

💡Landgericht Berlin

Landgericht Berlin refers to a regional court in Berlin, Germany. The video cites a 2014 decision by this court stating that once a game is purchased on a physical medium like DVD or Blu-ray, the license key cannot be separated and sold individually, which is relevant to the discussion on the resale of game keys.

💡UsedSoft Ruling

The UsedSoft ruling is a legal precedent established by the European Court of Justice that allows for the resale of used software. The video discusses how this ruling might apply to the resale of digital game licenses, suggesting that the ToS prohibiting resale could be considered illegal under this precedent.

💡Copyright

Copyright is a legal right that grants the creator of an original work exclusive rights to its use and distribution. The video touches on the aspect of copyright in games, which includes not only software code but also multimedia elements like music and cinematics, and how this affects the resale of game keys.

💡Territorial Restrictions

Territorial restrictions refer to limitations on where a product can be sold or used, often based on geographical location. The script mentions that keys purchased from resellers might be subject to such restrictions, potentially making them unusable in certain countries, such as a Brazilian key not working in Germany.

💡Fraud

Fraud is the intentional deception to secure unfair or unlawful gain. The video discusses the possibility of resellers committing fraud if the game keys they sell are unusable or stolen. It also raises the question of whether consumers could be implicated in fraudulent activities by purchasing such keys.

💡Data Theft

Data theft involves the unauthorized copying or stealing of data, which can include digital goods like game keys. The video script speculates on the origins of the keys sold by resellers and whether they might be stolen, which would make their sale and purchase illegal under certain circumstances.

💡Account Bans

Account bans refer to the suspension or termination of a user's account on a platform, such as Steam or Uplay. The video warns that using game keys from unauthorized resellers could lead to account bans if the platform deems the keys to be illegitimate.

Highlights

Computerspiele sind teuer, deswegen könnten einige auf die Idee kommen, Lizenzschlüssel bei Resellern zu kaufen.

Die Frage, ob das legal ist, wird häufig gestellt.

Es gibt viele autorisierte Shops, die mit Publishern zusammenarbeiten, deren Schlüssel legal verkauft werden dürfen.

Probleme entstehen oft bei Resellern aus Ländern wie Russland oder Hongkong.

Die AGB der Spielehersteller verbieten in der Regel den Handel mit den Schlüsseln.

Das Landgericht Berlin entschied 2014, dass man einen auf einer DVD gedruckten Key nicht separat verkaufen darf.

Einige Keys stammen möglicherweise aus Ländern, in denen sie günstiger erworben wurden.

Es besteht das Risiko, dass ein brasilianischer Key in Deutschland nicht funktioniert.

In der Regel funktionieren die Keys, sonst würden die Reseller nicht existieren.

Gebrauchte Software darf laut Europäischem Gerichtshof weiterverkauft werden.

Die Entscheidung des Europäischen Gerichtshofs könnte auch auf Spiele anwendbar sein.

Spiele enthalten urheberrechtlich geschützte multimediale Elemente, die eine komplexere Rechtslage erzeugen.

Die AGB der Spielehersteller könnten illegal sein, wenn sie den Weiterverkauf verbieten.

Wenn die Keys nutzbar sind, droht den Käufern in der Regel keine Strafe.

Es gibt die Möglichkeit, dass Steam oder Uplay den Key nicht akzeptieren und das Konto sperren.

Solche Kontosperrungen wären unverhältnismäßig.

Abschließend ist die Rechtslage noch unklar, aber der Handel könnte legal sein.

Eine endgültige Entscheidung steht noch aus, aber Nutzer sollten sich keine großen Sorgen machen.