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Processes: BGH comments on cheating software for Playstation players

Processes: BGH comments on cheating software for Playstation players

You just can’t beat the level? Cheat programs help computer gamers with extra functions and tricks that are not actually intended. Are copyrights also violated?

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) will comment on this on Thursday (8.45 a.m.). 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.

Violation of copyright law?

After the hearing at the end of October, the Sony lawyer said that the programmers had not intended it that way. But cheat software is also a problem 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.”

Legally, the question is whether the game has been “reworked” – that would be prohibited under copyright law. However, the game idea alone is not protected. 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.

Since EU law is affected, it is unclear whether the Federal Court of Justice will already announce a final judgment. It would also be conceivable that the judges in Karlsruhe would first involve the European Court of Justice (ECJ) in Luxembourg.

Source: Stern

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