Definition and Origin of ‘Lol’
The term ‘Lol’ is an acronym for the English phrase ‘laughing out loud’, which in German means ‘laughing out loud’ or ‘laughing loudly’. The term originated in the early internet and forum culture of the 1990s and has since established itself worldwide as a synonym for digital communication. Originally used for the rapid expression of emotions and reactions in chat traffic, ‘Lol’ is now applied in a variety of contexts, including social networks, online games, messengers, as well as emails and forums.
Legal classification of the term ‘Lol’
‘Lol’ in the context of freedom of expression
In German law, the use of the term ‘Lol’ is often protected by the freedom of expression in accordance with Article 5 of the Basic Law (Grundgesetz, GG). As an expression of emotions, irony or as a reaction to a statement, ‘Lol’ is generally classified as an expression of an opinion or value judgment. This is constitutionally protected, provided it does not constitute abusive criticism, insult, or any other violation of honor.
Distinction from insulting content
If ‘Lol’ is combined with other content that violates someone’s honor, the boundary to punishable insult (§ 185 StGB), defamation (§ 186 StGB), or even slander (§ 187 StGB) can be crossed. However, if the emotional character prevails and there is no explicit violation of honor, the statement regularly remains unpunished.
‘Lol’ and Copyright Law
As an acronym, the term ‘Lol’ is not an individually creative work and therefore generally does not enjoy copyright protection under § 2 para. 2 of the Copyright Act (UrhG). Trademark law also typically does not provide special protection for acronyms and common colloquialisms, unless it is a special graphic or word design registered as a trademark.
‘Lol’ as a trademark term
In certain industries, especially in the field of computer games, ‘Lol’ is relevant as a protected trademark. The most famous example is the computer game ‘League of Legends’, which is often abbreviated as ‘LoL’. However, protection in this context only arises from the specific graphic design or the relevant classes of goods and services. In general, mere use in ordinary text does not typically constitute a trademark infringement under the Trademark Act (MarkenG).
Trademark warnings and usage
If the acronym ‘Lol’ is used in a context that creates a risk of confusion with a protected trademark, a trademark warning may be threatened. However, mere general or private use—for example in chats or on social media—is generally excluded from such risks.
Criminal assessment of ‘Lol’
Use in connection with incitement to hatred or hate speech
The mere use of ‘Lol’ does not usually fulfill the elements of the criminal offense under § 130 StGB (incitement to hatred) or other provisions regarding hate speech. However, if ‘Lol’ is used in a context that is likely to disturb public peace or incite hatred against certain groups, it may become criminally relevant. In particular, the overall context of the expression plays a decisive role here.
Criminal liability when used in connection with violations of personal rights
If ‘Lol’ is targeted at disparaging a person or used as part of cyberbullying, criminal liability may exist depending on the individual case. In practice, however, the threshold for criminal liability is only crossed in the case of an intensive violation of the rights of others, especially when further statements or the posting of pictures and data provide additional elements of injury.
Civil law aspects
Claims for damages and injunctive relief
If the use of ‘Lol’ results in a violation of the general right of personality under Art. 1, 2 para. 1 GG in conjunction with § 823 BGB, claims for injunctive relief and possibly damages may arise. However, mere use of ‘Lol’ is not sufficient as long as there is no derogatory or defamatory context.
Employment law dimensions
Within the employment relationship, the use of ‘Lol’ in official communication channels may be subject to regulations. Employers have the right to regulate communication in the workplace. Nevertheless, employment law consequences such as warnings or dismissal must always be considered in light of proportionality and the specific context.
‘Lol’ in case law and administrative practice
So far, there is no supreme court decision that explicitly addresses the criminal or civil law assessment of ‘Lol’ as a standalone expression. Therefore, the assessment is always made in the context of the statement as well as taking into account any accompanying content.
Administration and schools
In administrative proceedings, such as in school settings, the use of ‘Lol’ in student communications may become an issue. School bans or disciplinary measures must always be guided by freedom of expression and the principle of proportionality. Educational measures take priority.
Data protection and ‘Lol’
The use of ‘Lol’ does not affect data protection law unless the term is used in connection with personal data or is part of personal statements that are processed. In such cases, the principles of the GDPR apply.
Conclusion
From a legal perspective, the term ‘Lol’ is primarily seen as an expression of online culture without specific protection or prohibition. Legal relevance mostly only arises when the use violates additional legally protected interests, such as personal rights, trademark rights, or criminal law provisions. In everyday language and general online communication, ‘Lol’ is generally unobjectionable.
See also:
- Communication law
- Freedom of expression
- Insults on the internet
- Trademark law in the digital world
Frequently Asked Questions
Is it allowed to sell ‘League of Legends’ accounts?
According to the terms of service of Riot Games, the developer of ‘League of Legends’ (LoL), selling, buying, or trading user accounts is expressly prohibited. The legal consequences of selling an account can vary: Riot Games reserves the right to suspend or permanently delete accounts found to be in violation of the terms and conditions. Legally, in Germany and other European countries, such conduct constitutes a breach of contract between user and provider because the rights of use for a ‘LoL’ account are always personalized and non-transferable. In addition, there is no legal way to enforce a purchased account against the developer, as the relevant clause in the terms and conditions is usually effective under applicable law. Likewise, the resale of digital assets, such as in this case, is problematic under copyright law, as the account is tied to a specific service and not to a software license.
Is it permitted to use bots or other unauthorized software for ‘League of Legends’?
The use of bots, scripts, or other unauthorized software is strictly prohibited according to the terms of service of Riot Games. Legally, their use violates the contractual regulations of the platform and can lead Riot Games to restrict or permanently ban access to the account. In certain cases, particularly in cases of widespread abuse, criminal liability may arise, for example, due to ‘computer sabotage’ (§ 303b StGB) or ‘data modification’ (§ 303a StGB), if protected program processes are interfered with. In most cases, however, the provider imposes civil sanctions, which generally involve permanent exclusion from the game.
Who owns the rights to ingame items such as skins or champions?
The ownership rights to all ingame content within ‘League of Legends’, such as skins, champions, or accessories, legally remain with the rights holder, i.e., Riot Games. Users only receive a limited, non-transferable right of use—the so-called ‘license’ to use these contents. From a copyright perspective, this is a classic example of Software-as-a-Service (SaaS): players do not acquire ownership in digital objects, but only the right to use them in connection with their respective account. Passing on or selling such virtual goods is therefore not permitted and can have legal consequences. In Germany, this practice is permitted under current law as long as it is transparently regulated by the terms and conditions and clearly communicated to the user.
Is there a right of withdrawal for digital purchases in ‘League of Legends’?
The right of withdrawal in online commerce is generally protected by the European Consumer Rights Directive, especially for digital content. However, the directive provides for exceptions: as soon as the download or use of digital content has begun and the customer has expressly agreed to waive their right of withdrawal, the right lapses. Riot Games points out in its terms and conditions that with the purchase and immediate provision of ingame items or Riot Points, the right of withdrawal expires. In Germany, this is legally permissible as long as the consumer has been clearly informed before completing the transaction and has expressly agreed.
What legal consequences can result from flaming, insults, or hate speech in the game?
Toxic behavior such as insults, threats, or hate speech in ‘League of Legends’ can not only lead to sanctions by Riot Games itself, such as chat bans or account suspensions, but also have criminal consequences. Under German criminal law (including § 185 StGB – insult, § 241 StGB – threat, § 130 StGB – incitement to hatred), such statements can be punishable, especially if they are made publicly, for example, in public chat. Riot Games is obligated to assist investigative authorities in cases of serious offenses with criminal relevance. Injured parties can file complaints and, if necessary, take civil action for injunction or compensation for pain and suffering.
To what extent is the user liable for violations of the Riot Games terms of service?
A violation of the Riot Games terms of service can give rise to civil law claims by the provider against the user. Riot Games may demand compensation for damages if violations—such as fraud, cheating, or account sale—have caused material damage. In practice, however, Riot Games most often exercises its right to unilaterally terminate the contractual relationship and block or delete access to the service (account). If criminal offenses such as data manipulation or fraud are involved, the police may also initiate investigations.
Are ‘League of Legends’ tournaments legally permitted in Germany, and what should be observed?
The organization of e-sports tournaments, including those for ‘League of Legends’, is generally permitted in Germany but is subject to certain legal requirements: For the commercial hosting of tournaments, permits may be required (e.g., event law, youth protection, possibly gambling law if a significant element of chance exists and money is at stake). Compliance with copyright law must also be ensured, as the game may only be presented publicly with the consent of the rights holder. Riot Games provides special licenses for tournaments. Revenue must be taxed, prizes may be subject to income tax, and for underage participants, the statutory provisions of the Youth Protection Act must be observed.
