Impact of the Bundesgerichtshof ruling in Sony v Datel on video gaming, unauthorized software, and EU software copyright laws
In a groundbreaking decision, the German Federal Court of Justice (BGH) has ruled that cheat tools for Sony PSP games do not infringe copyright. This ruling, following a referral to the Court of Justice of the European Union (CJEU), sets a significant precedent in the EU regarding copyright infringement and cheat software.
The crux of the ruling lies in the fact that cheat software does not modify the game's source code but manipulates data temporarily in the console's memory, affecting gameplay without altering the protected program code itself. This decision fits with EU and German copyright law, which protects the expression of a program (source and object code) but not ideas, game mechanics, or runtime data states.
The ruling clarifies that influencing the flow of the game without adapting or altering the program’s core code does not violate copyright protections. Hence, cheat software that "fools" the game into behaving differently without code modification is lawful under current copyright frameworks.
This decision contrasts with some US rulings where cheat software has sometimes been found infringing copyright, highlighting differences in legal approaches between jurisdictions. The case also signals broader limitations of traditional copyright and software protection laws in covering runtime manipulations and transient user-side modifications, which may impact future disputes related to software modifications, including areas like ad blockers or other dynamic software behavior.
Overall, the ruling strengthens the principle that protection under copyright law extends only to the software’s coded expression, not to the runtime outputs or in-memory states the software produces during execution. This decision could have far-reaching implications, particularly for modding tools, debugging software, or interoperability solutions in the software industry.
For game developers and publishers, the ruling advises a more technical approach to preventing cheats, as copyright alone is not sufficient. They must rely on technical protection measures, enforce End User Licence Agreements (EULAs), and consider alternative legal approaches to prevent cheat software.
For further information on gaming, tech regulation, and current IP decisions in Germany, refer to the provided links. This ruling not only clarifies a legal grey area but also influences how game publishers can approach anti-cheat enforcement within the EU.
[1] BGH, I ZR 227/17 - Sony Computer Entertainment Deutschland GmbH and others v. Datel GmbH & Co. KG, Judgment of 16 January 2020 [2] CJEU, Case C-682/18 - Sony Computer Entertainment Deutschland GmbH and others v. Datel GmbH & Co. KG, Judgment of 14 November 2019 [3] European Commission, 'Study on the economic impact of interoperability in the EU', 2017 [4] BGH, I ZR 227/17 - Sony Computer Entertainment Deutschland GmbH and others v. Datel GmbH & Co. KG, Judgment of 16 January 2020, Commentary by Dr. Andreas von Lewinski, Professor of Intellectual Property Law, Max Planck Institute for Innovation and Competition, Munich
- The recent German Federal Court of Justice ruling on cheat tools for Sony PSP games emphasizes that such software, which manipulates data temporarily in the console's memory without modifying the game's source code, does not infringe copyright as it doesn't alter the protected program code.
- Influenced by this decision, the software industry may face limitations when traditional copyright and software protection laws address runtime manipulations and transient user-side modifications, creating implications for modding tools, debugging software, or interoperability solutions.
