Background: The Legal Assessment of Cheat Software for Game Consoles
The recent decision of the Federal Court of Justice (BGH, judgment of 01.08.2025, Case No. I ZR 157/21) provides an occasion to comprehensively highlight the copyright boundaries of so-called ‘cheat software’ for game consoles from a practice-oriented perspective. In its decision, the BGH clarified that the mere offering and distribution of cheat software for console games does not necessarily constitute a copyright infringement if there is no direct modification of the object or source code of the respective game software. This clarification is significant for developers, publishers, providers, and users, particularly with regard to copyright and competition law matters.
Technical and Legal Classification of Cheat Software
Functionality and Purpose of Cheat Tools
‘Cheat software’ refers to programs or code snippets designed to influence processes in video games—for example, by enabling special advantages in gameplay. Unlike hacks, which introduce structural changes to software via direct code manipulation, many cheat programs use interfaces or RAM manipulation to temporarily alter values during play without permanently modifying the essential program code.
Copyright Protection Scopes
Copyright law protects computer programs as works within the meaning of § 2 (1) No. 1 UrhG, covering both the source code and the object code. Decisive for an infringement is whether an adaptation (§ 23 UrhG) or transformation takes place, thereby interfering with the exclusive rights of the rights holder. Changes that are limited to temporary data in working memory may, depending on their design, fall outside the protected area.
Key Grounds for the BGH Decision
In the aforementioned decision, the BGH emphasized that copyright protection is limited to interventions in the actual program code. If cheat tools do not directly interfere with the source or object code, the legal interest required for an infringement is lacking. According to the court, a copyright violation requires an adaptation or transformation of the game software itself. This condition is generally not met with cheat software that operates solely by manipulating memory values.
Implications for Rights Holders and Providers
Options of Action for Rights Holders
Despite the clarifying case law in copyright law, additional protection options remain for rights holders. Violations of license conditions, unfair competition acts (§ 3a UWG), or breaches of technical protection measures under the UrhG can still lead to injunction and damages claims. Furthermore, the use of cheat software may result in users being banned under the terms and conditions of the respective platform.
Risks for Providers of Cheat Software
While the BGH ruling sets narrow boundaries for copyright claims against providers of such programs, the development, distribution, or use of cheat software is not always free from legal risk. In particular, competition law or contractual claims—for example, in circumventing technical protection measures (§ 95a UrhG)—may still be relevant. In addition, there are compliance risks, especially in an international context, such as differences in national regulations.
Assessment and Significance for Germany as a Business Location
The BGH decision provides important clarification regarding the limits of copyright protection in the manipulation of game data. It is evident that lawmakers have carefully balanced the interests of creators in comprehensive software protection against the legitimate interests of users and third-party providers not to unduly restrict access to digital products. For business practice—especially for developers, platform operators, and marketers—this results in improved legal certainty, even though accompanying civil law regulations remain of considerable importance.
International Context and Outlook
Since video games are protected by copyright in almost all jurisdictions, international harmonization of the protection framework is important. Different national legislations—especially in the USA, the Asia-Pacific region, or other EU member states—can assess the legal situation of cheat software differently. Companies should continuously monitor developments and case law in this area to be able to assess risks in international legal transactions at an early stage.
For any questions regarding the legal framework in connection with computer games, software development, or digital products, the lawyers at MTR Legal Rechtsanwälte are available as points of contact.
