HARTE-BAVENDAMM Rechtsanwälte in Hamburg

German collecting society GEMA now seems to be going on the offensive against providers of generative AI systems. Following the presentation of a – in their opinion – fair licensing model for generative artificial intelligence at the end of September, an “AI Charter” as a suggestion and guideline for the responsible use of generative AI was presented at the beginning of November, and now a lawsuit has been filed against OpenAI at the Munich Regional Court.

In a landmark decision, the European Court of Justice (ECJ) ruled on 24 October 2024 that the Member States of the European Union are obliged to protect works of applied art, regardless of their country of origin or the nationality of their creators. “Works of applied art” are objects that serve a specific purpose but are also artistically designed. Examples include furniture such as chairs, shelves and lamps, but also – under strict conditions – fashion creations.

The use of cheat or modding software has always been controversial in the world of video games. While many gamers see it as a way to make games easier or more exciting, developers and publishers often see it as a threat to their rights and the integrity of their products. The European Court of Justice (ECJ) had to consider the copyright component of this issue in a dispute between Sony and the UK company Datel over the use of cheat software called “Action Replay”, which allowed users to alter the course of a game to gain unintended advantages. Read our article to find out how the case was decided and what the implications are for software development practice.

According to the decision “Der Novembermann” of the Federal Court of Justice (BGH), the fees for warning letters are to be calculated on the basis of a so-called overall value of the claim (“Gesamtgegenstandswert”) and allocated to the individual warning letters if they are related to each other in such a way that the same matter is to be assumed.