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

Summary

In 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.