Sony Faces Legal Action Over Alleged Software Fraud at the Federal Court of Justice
In a landmark decision, the Federal Court of Justice (BGH) in Karlsruhe has ruled that cheat software for gaming consoles, specifically for Sony's PlayStation Portable (PSP), does not infringe Sony's copyright. This decision aligns with a previous ruling by the European Court of Justice (ECJ) and ends a decade-long legal dispute between Sony and the developers of the cheat software.
The specific case (Az. I ZR 157/21) revolves around a racing game for the PSP, where the cheat software allowed players to manipulate the course of the game, using unlimited turbo and choosing drivers not available at a higher score.
The BGH's decision is significant as it sets a precedent for similar legal disputes involving cheating software for gaming consoles. The court ruled that the software only temporarily changes data in the console's working memory, and does not alter the game's program code or source code.
The decisive factor in the BGH's decision is that the software products in question simulate a state that could occur in regular gameplay. According to the presiding judge Thomas Koch, the software does not aim to copy the program but merely changes the data in the console's memory, thereby only changing the program flow without copying or modifying the protected source or object code.
Sony had demanded damages from the developers and sellers of this software for copyright infringement. However, the BGH's decision overturns previous rulings by lower courts in the ongoing legal dispute. The BGH's revision was unsuccessful, as the First Civil Senate held that the source code and object code of a computer program are protected by copyright.
This ruling limits game developers' ability to use copyright law to block cheat software that manipulates gameplay temporarily via memory rather than program code. It potentially affects the market for cheat tools and enforcement strategies by companies like Sony.
The course of the program was changed, but not the program data of the object or source code. This ruling establishes a clear European legal standard on cheat software, influencing both developers and consumers across the EU.
In essence, the BGH ruling confirms that cheat software affecting only working memory data of games for Sony consoles does not violate copyright, reducing the scope of legal action Sony and similar companies can take against such tools.
[1] Federal Court of Justice of Germany press release, link [2] European Court of Justice press release, link
- This landmark decision by the Federal Court of Justice (BGH) has established that temporary data changes in gaming consoles' working memory by cheat software, like the one for Sony's PlayStation Portable (PSP), does not violate copyright, suggesting a new era for gadgets and technology related to gaming cheats.
- The BGH's ruling may potentially impact the market for various gadgets and technology, as it restricts game developers' ability to use copyright law to hinder cheat software that manipulates gameplay temporarily via memory rather than program code.
