Law

Gambling is a particularly controversial topic and gambling regulation a taxing legislative task. This handbook collects contributions on the foundations of German gambling regulation as well as on the various legal fields shaping and regulating gambling in Germany.

Richard Wunderlich examines sampling as a key element of contemporary music creation, analyzing its technical foundations and legal implications. Special focus is placed on the newly introduced pastiche exception in copyright law, offering practical guidelines for future legal assessment.

Health apps promise quick and inexpensive access to healthcare. But at what price? Most users consent without knowing what extensive data processing they agree to. The data protection declarations are overloaded and manipulative design patterns of agree buttons urge users to consent. Data protection law does not effectively counter these practices, because the European information model still glorifies users as interested and patient recipients. Against this background, Merle Freye subjects consent to a general critique, developing behavior-relevant information that renews the basic understanding of informational self-determination by considering findings of health psychology.

Is there a theoretical and practical justification for distinguishing circumvention of law from other causes of defects in legal transactions and its explicit legal regulation in private law? Dorota Miler compares the Polish, German and European private law, jurisprudence, and legal literature. She concludes that circumvention of law is an independent legal institution in Polish private law.