Legal admissibility of the platform www.mmonster.eu
I. Business model of the HirePlayers GmbH (LLC) II. Positive effects of the platform www.mmonster.eu III. Legal assessment of the business model IV. Result of the legal assessment of the business model
I. Business model of the HirePlayers GmbH
The company HirePlayers GmbH (LLC), Nonnenstr. 44, 04229 Leipzig, Germany offers online players on its platform www.mmonster.eu the possibility of monitoring and organization of support and assistance in online computer games.
The HirePlayers GmbH explicitly does not participate in the gaming process of the above mentioned games and therefore has no reference to the end user license agreements of the game manufacturers/ publishers. The HirePlayers GmbH is not involved in the gaming pro-cess and does not create, promote or sell any software that affects the gameplay of the listed games in any way.
The HirePlayers GmbH ultimately offers two types of services:
1. Organisation and monitoring of assistance or support services by handing over an account
With this form of service, the gaming account of a player (buyer of the service) of the respective game is handed over to another player (service provider). For this purpose, the service provider player logs into the account of the buyer and participates in the gameplay instead of the buyer.
In this case, the responsibility of the HirePlayers GmbH consists in ensuring the se-curity of the personal data of the buyer. In addition, the HirePlayers GmbH guarantees that the account transfer will take place properly and without misuse of the account.
2. Organisation and monitoring of assistance or support services without handing over the account (Selfplay)
Using this form of service, the buyer of the service himself takes part in the gaming process. He is supported by one or more service provider players, who support him during the game to achieve a self-chosen goal.
The task of the HirePlayers GmbH in this case is to arrange an appointment with both parties (service provider player and buyer) to determine the conditions of the assis-tance or support and ensure that all agreed conditions are fulfilled.
In addition to the HirePlayers GmbH, there are hundreds of other providers who pursue the same business model in identical or similar form, both on the German market or worldwide. The presented form of assistance regarding online games has been existent for more than 10 years and has grown exponentially during this time.
II. Positive effects of the platform www.mmonster.eu
The purchase of services in the above mentioned form is also possible without the interven-tion of the HirePlayers GmbH as an intermediary. Interactions are then usually conducted via trading platforms such as eBay, Fiverr or gaming forums. However, it is not uncommon for players to cheat each other, steal player accounts or have the content of their accounts fraud-ulently misused by others. First and foremost, the HirePlayers GmbH ensures that buyers of services are not cheated and user accounts are not stolen or otherwise misused.
Furthermore, online games are designed in a manner that makes the success of a game directly dependent on how much time is invested, without taking sufficient consideration of the personal playing skills of the players. This can significantly reduce interest in the game and thus also have a detrimental effect on the publishers. In order to compensate this disad-vantage, the help of other players can be obtained. In addition, the use of assistance can lead to other positive effects, such as continuing the game after a longer break, without losing motivation or giving up. The HirePlayers GmbH is able to provide assistance or help in a fair and transparent manner without the disadvantages described above in the form of account abuse etc.
III. Legal assessment of the business model
1. Contractual omission claims
Contractual claims for injunctive relief do not exist, as there is no contractual relationship between the HirePlayers GmbH and the manufacturers/publishers of the above named online games. Likewise, no contractual relationship exists between the HirePlayers GmbH and the online gaming platforms on which the online games are played. As stated above, the Hire-Players GmbH is merely an intermediary platform which enables the buyers of the games to obtain assistance from third parties in the context of the respective gameplay.
b) Claims for injunctive relief against the HirePlayers GmbH also cannot be based on the end user license agreements of the respective game manufacturers/publishers, as the end user license agreements are not agreed between the HirePlayers GmbH and the respective game manufacturers.
2. Copyright omission claims
Copyright injunctive relief claims in connection with the reproduction of the client software of the online gaming platform also do not exist according to § 97 paragraph 1 sentence 1 UrhG.
Furthermore, the use of the online services by the respective service players does not con-stitute a copyright infringement, as the original virtual game is displayed on the player's screen.
Therefore, no unauthorised acts of reproduction take place that violate the intellectual prop-erty rights of the online gaming platforms.
3. Damage claims
In addition, there are no claims for damages regarding copyright law, property law or contract law, as there are no corresponding claims for injunctive relief.
There are no claims for damages due to copyright infringements in connection with the client software or in relation to the use of the online services. There are also no contractual claims for damages, as there are no contractual relationships between the Hire-Players GmbH and the game manufacturers/publishers as well as the online game platforms.
IV. Result of the legal assessment of the business model