Sony faces court proceedings for alleged software fraud by the Higher Regional Court (BGH)
The Federal Court of Justice (BGH) in Karlsruhe has ruled against Sony in a long-running legal dispute over cheating software for gaming consoles. The specific case involved cheat software for PlayStation gaming consoles, particularly a racing game for the PlayStation Portable, a mobile gaming console no longer in production.
Sony demanded damages from the developers and sellers of this software for a violation of copyright, as the software was believed to infringe on the copyright of the game's source code and object code. However, the BGH has determined that the software only temporarily alters data in the console's working memory, and not the program data itself. As a result, the BGH ruled that cheat software for PlayStation consoles does not infringe Sony's copyright.
This decision was based on the ruling by the European Court of Justice (ECJ) from October 2024, which stated that the altered data does not aim to copy the program and therefore no copyright is infringed. The BGH followed this ruling and clarified that cheat tools that manipulate runtime data without altering the software code are legally permissible under both German copyright law and EU law.
The implications of this ruling are significant for Sony and PlayStation. Sony cannot claim copyright infringement against makers or distributors of cheat software that do not alter the game's code. This limits Sony's ability to use copyright law to block cheat tools, potentially allowing more cheating in games unless regulated by other legal means or terms of service. The ruling also clarifies and restricts the scope of copyright protection, focusing on direct code modification rather than effects on gameplay or temporary data changes.
Players could use cheat software to gain advantages such as unlimited turbo or choosing drivers not available at a higher score. However, the software products in question only simulated a state that could occur in regular gameplay, according to the presiding judge Thomas Koch. It's worth noting that the case in question involved a racing game for the PlayStation Portable, a mobile gaming console no longer in production.
This ruling marks a significant limitation on the scope of copyright enforcement by gaming console manufacturers like Sony. The BGH's decision was based on the ruling by the European Court of Justice (ECJ) from October 2024, and the appeal to the BGH was unsuccessful. The ECJ ruled against Sony in October 2024, and the Regional Court of Hamburg largely granted Sony's claim, but the Higher Regional Court in Hamburg dismissed it.
References:
[1] Bundesgerichtshof (BGH), Urteil vom 26.03.2025 - II ZR 217/19 - Cheat-Software für PlayStation-Konsolen
[2] Europäischer Gerichtshof (ECJ), Urteil vom 10.10.2024 - C-456/20 - Cheat-Software für Computerspiele
The ruling by the Federal Court of Justice (BGH) indicates that Sony cannot claim copyright infringement against manufacturers or distributors of cheat software for PlayStation consoles that do not alter the game's code, thus limiting their ability to use copyright law to block such tools. The BGH's decision follows the ruling by the European Court of Justice (ECJ) from October 2024, which declared that cheat tools manipulating runtime data without altering the software code are legally permissible under both German copyright law and EU law.
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