gaming
BGH examines cheating software: permissible for computer games?
A trade show attendee plays the PSP Go on the opening day of E3 Expo 2009 in Los Angeles. photo
© Andrew Gombert/epa/dpa
You just can’t beat the level? Cheat programs help computer gamers with extra functions and tricks that are not actually intended. So far it is unclear whether this is permissible.
Superpowers, more ways to play, a longer life: With the help of so-called cheat programs, computer gamers can circumvent the intended restrictions – but is such software even permissible? The Federal Court of Justice (BGH) is examining this with immediate effect. Playstation manufacturer Sony has sued. He demands damages from the developers and sellers of cheat software because of copyright infringement.
“Cheat” is an English verb and means to cheat or cheat. In this specific case, it is about a racing game for a mobile game console (PlayStation Portable) that is no longer in production. Thanks to the additional functions provided by the cheat software, it was possible for players to use the “Turbo” without restrictions or to select drivers from the start that should actually only be available from a higher score.
The programmer didn’t plan it that way, said lawyer Bernhard Arnold, who represented Sony’s Playstation subsidiary in the lower courts. However, cheat software is generally a problem for the industry and also for the players: “It is important that the rules are the same for everyone in order to maintain the fun of the game and the comparability of the results.”
The software developer’s lawyer, Christian Triebe, referred to the legislature. It was important to him that computer programs could communicate with each other – also to promote competition in the face of strong manufacturers.
Sony lawyer: “It will be a different game.”
Legally, the process is about the question of whether the game was “reworked” – that would be prohibited under copyright law. However, the game idea alone is not protected.
But what does “reworked” mean? The Hamburg Higher Regional Court (OLG) had recently dismissed Sony’s lawsuit. The judges there were of the opinion that the software only intervened in the course of the game. The source code and the internal structure remained unchanged.
Sony’s Supreme Court lawyer, Christian Rohnke, said in the Karlsruhe hearing that the Higher Regional Court had not correctly understood the facts. For example, the game stipulates that the turbo booster can only be used ten times, otherwise the car will explode due to overheating. The creator wanted the feature to be used strategically. But the software disables counting in the main memory. “It’s going to be a different game.”
BGH lawyer Thomas von Plehwe said for the developer company that only the rules of the game were not observed. The plaintiffs are at odds with this.
Presiding judge Thomas Koch indicated that his Senate tends not to view cheat software as an improper “rework.” Since EU law is affected, consideration was also given to initially involving the European Court of Justice (ECJ) in Luxembourg. The decision will be announced on February 23.