Sony Faces Court Charges for Alleged Deception with Software
The Federal Court of Justice (BGH) in Germany has made a landmark decision in a legal dispute concerning cheating software for gaming consoles, ruling that such software does not infringe the copyright of the game developer. This decision follows the European Court of Justice (ECJ) ruling, establishing that such cheat tools do not modify the source code of the game but only alter data temporarily stored in the console’s working memory.
The case in question, I ZR 157/21, began with Sony demanding damages from the developers and sellers of a cheat software designed for a discontinued mobile gaming console (PlayStation Portable). The software, which allows players to manipulate the course of a racing game, offers features like unlimited turbo and the ability to select drivers at lower scores.
The lower courts were divided in their opinions regarding the case. The Regional Court of Hamburg initially granted a large part of Sony's claim, but the Higher Regional Court of Hamburg later dismissed it. The appeal to the BGH was unsuccessful.
The BGH based its decision on a ruling by the European Court of Justice (ECJ), which had been referred to for clarification of legal issues. The ECJ ruled against Sony in October 2024, stating that no copyright was infringed as long as the altered data did not aim to copy the program.
The BGH's ruling is significant as it sets a precedent for the legality of cheating software in gaming consoles in Germany. The software's temporary alteration of data in the console’s memory was deemed decisive in the BGH’s ruling. The First Civil Senate of the BGH confirmed that the source code and object code of a computer program are protected by copyright. However, they agreed that the cheat software does not fundamentally violate copyright as it only changes variables in temporary memory during gameplay, which is not a form of illegal program modification or reproduction.
Hence, distributing such cheat tools is not considered an infringement under German or EU law. The ruling terminates a legal dispute spanning over a decade initiated by Sony against manufacturers of cheat tools, affirming that the mere manipulation of data in working memory does not amount to unauthorized copying or creation of the underlying program.
[1] Federal Court of Justice (BGH), Press Release, July 31, 2025, Case I ZR 157/21. [2] European Court of Justice (ECJ), Press Release, October 1, 2024, Case C-270/23.
- The BGH's decision in case I ZR 157/21 has established that distributing cheat software for gaming consoles does not infringe copyright, as it merely alters temporary data in the console's memory, not the source code or object code of the computer program.
- The ruling by the BGH and the ECJ has suggested that while technology and gadgets like cheat software might manipulate gameplay, the temporary alteration of data in working memory does not constitute an infringement under German or EU law.
