Computer programs are subject to copyright. This raises the question of whether cheat software infringes copyright. To clarify this, the BGH has involved the ECJ (Ref. I ZR 157/21).
A work that arises from a personal intellectual creation is automatically protected by copyright. In addition to texts, images, music, films, and other works, computer programs also fall under copyright, as explained by the commercial law firm MTR Legal Rechtsanwälte, which has a focus on IP law and copyright law in its advisory services.
This also raises the question of whether cheat software violates copyright. Cheat software allows players to bypass restrictions in a computer program, thereby providing more game options. These restrictions are often intentionally built into the games by developers and are circumvented by cheat software.
A developer of computer games has therefore sued the developer of cheat software. With the help of this software, players could, for example, use certain functions without restrictions or reach a higher level more quickly. The claimant contends 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 according to § 69c No. 2 UrhG. The pure idea of a game, however, is not protected.
The district court upheld the claim in the first instance and affirmed an adaptation of the game by the software. The use of the software intervenes in and alters the program flow of the game. Thus, the computer game developed by the claimant is adapted.
However, the Higher Regional Court of Hamburg saw this differently on appeal and dismissed the claim. It reasoned that the software merely intervenes in the course of the computer game by altering the data stored in the console’s memory, but not the computer commands. The proper sequence of a computer game is not protected by copyright, according to the OLG.
The case finally landed before the BGH, which has asked the ECJ for clarification as to whether cheat software violates copyright.
Experienced IP law attorneys advise at MTR Legal Rechtsanwälte.
