Sony suffers a court loss in the cheating software controversy - Sony Faces Legal Action by BGH over Alleged Use of Deceptive Software
The German Federal Court of Justice (BGH) has ruled against Sony in a long-standing legal dispute over cheat software for PlayStation Portable (PSP) games. The court held that such cheat tools do not infringe Sony's copyright.
The ruling, made on July 31, 2025, aligns with the European Court of Justice's (ECJ) previous assessment and confirms that cheat tools that do not directly modify the source or object code are not copyright violations under German and EU law (case no. I ZR 157/21).
Sony's lawsuit, initiated in 2012, went through several courts, with the Higher Regional Court of Hamburg initially ruling in favor of the cheat tool makers. Sony appealed, but the BGH upheld the prior rulings and followed the ECJ's interpretation that copyright protection covers the source and object code but not temporary modifications to program flow caused by external cheat software.
According to the ruling, the cheat software changes program flow but does not alter the underlying code. As a result, no copyright breach occurs. This decision represents a significant clarification in video game copyright law in Europe, especially regarding the legality of cheating software that interacts with games without altering the protected code itself.
The specific case involved a racing game for the PSP. With the help of the "cheat software," players could manipulate game progress, such as using a "turbo" indefinitely or selecting drivers from the start that were normally only available at a higher score.
The court's decision was based on a ruling by the ECJ that such software does not fundamentally violate copyright. The ECJ had ruled in October 2024 that as long as the altered data does not aim to copy the program, no copyright is infringed.
The dispute originated from Sony's demand for damages from the developers and sellers of the cheat software for copyright infringement. However, the BGH's ruling means that the use of cheat software for gaming consoles, as long as it does not aim to copy the program, is not considered a copyright violation.
The ruling by the BGH is significant as it sets a precedent for future legal disputes over cheat software for gaming consoles. The First Civil Senate of the Federal Court of Justice in Karlsruhe ruled on the appeal regarding the legal dispute between Sony and the developers/sellers of the cheat software for PlayStation gaming consoles.
The Regional Court of Hamburg had initially granted Sony's claim, but the decision was overturned. The Higher Regional Court of Hamburg had previously dismissed Sony's claim for damages due to copyright infringement.
In summary:
- Cheat tools for PSP games do not infringe Sony's copyright.
- Copyright law protects source code and object code, not temporary modifications in memory.
- The cheat software changes program flow but not the underlying code, so no copyright breach occurs.
- The BGH ruling is consistent with the ECJ's guidance on this matter.
[1] Federal Court of Justice (BGH), Press Release, I ZR 157/21, July 31, 2025, https://www.bundesgerichtshof.de/SharedDocs/Pressemitteilungen/DE/2025/07/20250731_bgzh_157_21.html [2] European Court of Justice (ECJ), Press Release, Case C-583/19, October 21, 2024, https://curia.europa.eu/juris/document/document.jsf?text=&docid=220666&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=398597
- The BGH's ruling in case I ZR 157/21 on July 31, 2025, asserted that vocational training in the field of technology, such as programming cheat tools for gaming consoles, does not constitute a copyright violation under German and EU law.
- The European Court of Justice's decision in Case C-583/19 presaged a clarification in video game copyright law, establishing that altering program flow with external software does not infringe copyright, provided the altered data does not aim to copy the program itself.
