Sony Faces Legal Action Over Alleged Fraudulent Software Use by BGH Courts
In a landmark decision, the Federal Court of Justice (BGH) in Karlsruhe has ruled against Sony in a legal dispute over cheating software for gaming consoles. The ruling, which overturns previous decisions made by lower courts, aligns with a ruling by the European Court of Justice (ECJ) from October 2024.
The dispute centres around cheat software for gaming consoles, such as those developed for Sony's PSP. The BGH ruled that such software does not infringe Sony's copyright because these tools only modify data in the working memory temporarily and do not alter the game's source or object code.
This decision is significant because it states that the software only temporarily changes data in the working memory of a console. The specific case involved a racing game for the PlayStation Portable, a mobile gaming console no longer in production. The cheat software allowed players to use unlimited turbo or select drivers not available at a lower score.
The key implication for PlayStation manufacturers like Sony is that they cannot claim copyright infringement against cheat software that does not modify the underlying program code but only changes runtime data in memory. This limits Sony's and similar companies' legal avenues to combat cheat software distribution based on copyright law.
The ruling provides clarity that only direct modification of the software code itself constitutes an infringement under Section 69c No. 2 of the German Copyright Act and EU directives. Thus, while Sony and other console makers may still view cheat software as problematic for gameplay integrity or their business model, they must pursue other legal grounds (such as contract law or anti-circumvention laws) rather than copyright infringement to challenge cheat software makers.
This ruling clarifies the balance between protecting copyright holders and allowing certain software modifications that do not reproduce or alter the original program code. The decision by the BGH in this case (Az. I ZR 157/21) could have implications for the development and use of cheating software for gaming consoles.
The presiding judge in the case was Thomas Koch. The case was referred to the ECJ for clarification of legal questions, and the First Civil Senate of the BGH determined that the source code and object code of a computer program are protected by copyright. However, the BGH's decision ultimately hinges on the temporary and non-permanent nature of the modifications made by the cheat software.
In summary, the BGH's ruling sets a precedent limiting copyright claims against cheat software under German and EU law. Sony and other console manufacturers must now explore alternative legal strategies to combat the distribution and use of cheat software for gaming consoles.
- Despite the decision, the dispute over cheating software for gaming consoles, such as those designed for Sony's PSP, continues to challenge the boundaries of technology, particularly gadgets related to gaming.
- The ruling by the BGH provides a new perspective for developers, as they can now create gadgets that temporarily modify data within a console's working memory without infringing on the copyright of gaming console manufacturers like Sony.
