As far I know has online gambling been never legal in any state of germany
I growed up in Austria and lived there til 2 years ago,
and also in Austria people beleive online gambling is legal, but it is NOT
there is also a monopol, Casinos Austria and Lotteries own that.
And you may play and win only there.
Ok noone says a word, and as long you wont transfer any big wins like over 10K in one time to your bank, mostly all will be fine,
But i been reading there the statement of http://www.win2day.at (online gambling platform from Casinos Austria)
There it says clearly, You may play and win only at Casinos Austria or Lotteries. If they find out you won somewhere online, they will take away the money and you will get also a fine to pay.
In germany they want to protect also their monopolies, this is what is all about.
Now I just wait for the Netherlands, I heard Holland Casinos is already on it.
All our hopes are now the EU comission.