Experts and interested parties from all over Germany gathered in the Arnold Picot Hall at Leibniz University Hannover to discuss current legal issues relating to gaming and eSports. Under the title ‘Gaming and eSports: Digital Playing Field and Legal Limits,’ the presentations highlighted, among other things, the legal classification of anti-cheat software, loot boxes, and innovative business models – always in the context of data, youth, and consumer protection. Particularly noteworthy was the interdisciplinary composition of the speakers from academia and practice.
After welcoming remarks by Dean Prof. Dr. Jan Eichelberger and Dr. Alexander Georgiadis, Head of Division at the Lower Saxony Ministry of Economics, Transport, Construction and Digitalisation, the conference was opened by Prof. Dr. Margrit Seckelmann and attorney Dr. Andreas Woerlein.
Florian Mäder, a lawyer from the eSports Competence Centre at Leibniz University Hannover, then addressed the topic of ‘Digital playing field, real risks: blockchain gaming in the context of employee data and minor protection’ and explained the associated problems in the context of the upcoming amendment to employee data protection law.
With her presentation ‘Graphic violence, explicit sexual activity: Standards of immorality in intellectual property law,’ Dipl.-Jur. Jasmin Dolling, LL.B., from the Games Law Research Centre at Bucerius Law School provided insight into the complex legal assessment of cross-border content in digital games. The focus was on questions about the limits of what is legally permissible when depictions of violence or sexuality in virtual works encounter social and legal judgements. The presentation addressed the development of standards of immorality and their relevance for the legal classification of digital content.
Martin Müller, Vice President of eSport-Bund Deutschland e.V., then enriched the lecture series with a practical perspective. In a personal and well-founded report, he traced the development of eSports in Germany and placed it in an international context. Finally, he painted a possible picture of national eSports in 2030.
In his presentation ‘Scouting without the players' knowledge: innovation or breach of law?’, lawyer Bastian Orlowski, IT lawyer and doctoral candidate at LUH, outlined the practice of internationally active eSports teams using artificial intelligence to collect data on potential players – often without their express consent. He went into detail about the associated labour and data protection issues.
In his presentation ‘From Brussels to Berlin – The regulation of loot boxes in European and national law’, Philip Mayer, LL.B., from the Institute for Information, Telecommunications and Media Law at the University of Münster, examined the legal challenges surrounding loot boxes in digital games. He analysed existing regulatory approaches at European and national level, compared the different legal frameworks and discussed how these affect consumer protection. Particular focus was placed on the legal limits and the role of transparency obligations for developers and providers.
In his presentation ‘Every step you take, I'll be watching you: Data protection issues with automatic anti-cheat software in video games,’ Dipl.-Jur. Tarmio Frei, LL.B., research assistant at the Chair of Law and Digitalisation at Bucerius Law School, concluded by presenting the data protection challenges associated with the use of anti-cheat software. He addressed the balance between protection against cheating and potential invasions of players' privacy. The presentation focused in particular on the legal implications of the use of automated monitoring mechanisms and the associated data protection requirements.
A particular highlight of the event was the announcement of future closer cooperation between the Institute for Legal Informatics, represented by Prof. Dr. Seckelmann, and the Games Law Research Centre (FGR) at Bucerius Law School in Hamburg. Further information on this will be announced shortly on the Competence Centre's website.
A get-together afterwards, supported by LexICT, the Melchers law firm and Nomos Verlag, rounded off the event.
The conference proceedings from the first conference, ‘eSport in Law and Society,’ are now available in open access via the Nomos Verlag eLibrary.
The chair would like to thank all participants and guests for their active participation and looks forward to future events for academic exchange.
Picture gallery
You can find impressions of the event here.
