Ruling of the German Federal Court of Justice in Sony vs. Datel: Consequences for gaming, cheat devices, and copyright legislation within the EU software sphere
The German Federal Court of Justice (BGH) has issued a landmark ruling on cheat software, providing legal certainty for developers and challenging video gaming publishers to reconsider their strategies to disincentivize the use of such software.
The judgment, in the case of Sony v. Datel, marks the first time the highest court has clarified the issue, and its implications extend beyond the gaming sector. The ruling reinforces a narrow interpretation of software copyright, which could foster innovation in the accessory market.
According to the ruling, cheat software that modifies or rewrites the object or source code of the game software can constitute copyright infringement under EU law. However, cheat tools that only manipulate in-game variables in RAM without altering the program code do not violate copyright law, as per a 2025 BGH ruling. Thus, cheat software that interferes directly with the programβs code can infringe copyright, while mere manipulation without code alteration generally does not.
This ruling is significant for cheat software developers, who now have legal certainty, but they must ensure the code remains unmodified and no technical protection measures are circumvented. For video gaming publishers, copyright law alone is no longer sufficient to disincentivize the use of cheat software.
The BGH, guided by the Court of Justice of the European Union's (CJEU) interpretation, has also clarified that cheat software which alters RAM data does not infringe copyright. This judgment may also be relevant for modding tools, debugging software, or interoperability solutions in the software industry at large.
required measures for publishers include technical protection measures (TPMs) such as anti-cheat systems, enforcement of End User Licence Agreements (EULAs) with clear usage restrictions, and alternative legal approaches, e.g., under competition or consumer protection law.
For more information on video gaming, technology regulation, and recent tech-related IP cases in Germany, refer to the sources provided. This ruling underscores the evolving landscape of software copyright and the need for publishers and developers to stay informed and adapt their strategies accordingly.
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