ZfWG: Ausnutzen von Softwarefehler straffrei? – der Gesetzgeber ist gefragt!

By Claus Hambach, LL.M. and Dr Bernd Berberich


In view of a specific interpretation in the context of fraud, it is convincing to assume that players/consumers are not subject to criminal iability on account of computer fraud if they merely exploit software errors that have become publicly known. However, it does not seem reasonable to refuse the affected software-based service providers protection of their interests in general in such cases. It would be desirable for the legislator to address this gap in protection, and to close it by introducing a corresponding specific offence against property (linked to the fact that the software error is consciously exploited).

Download the compete article here (German language)