Computer programs are subject to copyright. This raises the question of whether cheat software infringes copyright. To clarify this, the BGH has consulted the ECJ (Case No. I ZR 157/21).
A work that results from a personal intellectual creation is automatically protected by copyright. In addition to texts, images, music, films, and other works, computer programs are also subject to copyright, explains the law firm MTR Legal Rechtsanwälte, which specializes in IP law and copyright law.
This, however, also raises the question of whether cheat software violates copyright. Cheat software allows players to bypass restrictions in a computer program and thus have more gaming possibilities. These restrictions are often deliberately embedded by the developers of the games and are circumvented by the cheat software.
A developer of computer games has therefore filed a lawsuit against the developer of a cheat software. With the help of this software, players could, for example, use certain functions without restriction or reach a higher level more quickly. The plaintiff complains that this constitutes an impermissible adaptation of their computer games in the sense of § 69c No. 2 UrhG.
However, this presupposes that the game was ‘adapted.’ Such an adaptation is prohibited under § 69c No. 2 UrhG. The pure game idea, however, is not protected.
The district court upheld the lawsuit in the first instance and affirmed an adaptation of the game through the software. By using the software, the flow of the program in the game is interfered with and altered. This meant the computer game developed by the plaintiff was adapted.
However, the Higher Regional Court of Hamburg saw this differently in the appeal proceedings and dismissed the lawsuit. In its reasoning, it stated that the software only interferes with the flow of the computer game by altering the data stored in the game’s console memory, but not the computer commands. The program-controlled flow of a computer game, however, is not protected by copyright, according to the OLG.
The case eventually ended up before the BGH and it has asked the ECJ for clarification as to whether cheat software infringes copyright.
Experienced lawyers in IP law provide consultation at MTR Legal Rechtsanwälte.
