Cheat software does not infringe copyright per se. At least not if neither the source code nor the object code is changed. This has now been decided by the Federal Court of Justice (BGH) in its ruling of July 25, 2025 (case no. I ZR 205/23), thus ending a long-standing dispute in connection with the copyright of computer programs.
This decision was preceded by many years of legal proceedings: Following rulings by the Regional Court and Higher Regional Court of Hamburg, the BGH dealt with the matter for the first time and referred it to the European Court of Justice for a preliminary ruling.
ECJ: No protection for game functionality
In its decision, the ECJ dealt with the interpretation of the Directive on the legal protection of computer programs and found that cheat software does not constitute a copyright infringement if it does not modify or reproduce the code.
Sony takes action against cheat software providers
The lawsuit was filed by Sony. The company develops video games, some of whose functions are limited by time or otherwise. The defendant distributes software with which players can circumvent such restrictions imposed by the manufacturer, for example by keeping so-called boosts permanently active. Sony complained of an infringement of Section 69c no. 2 sentence 1 UrhG, which exclusively assigns the right to modify a computer program to the rights holder.
However, both the ECJ and the BGH took a different view.
BGH: No editing without changing the code
The Federal Court of Justice differentiates: Source and object codes of a computer program enjoy copyright protection. The mere manipulation of the game functionality does not constitute an adaptation in the sense of copyright law. Cheat software that operates on this functional level does not violate the legal protection for computer programs, as no copyright-protected program parts are affected.
What does that mean?
The use and distribution of cheat software can be permitted under copyright law, even if it influences the game balance. For rights holders such as Sony, this means that not every influence on the individual gaming experience can be legally challenged. In its ruling, the BGH makes it clear that copyright protection does not cover every functional level of a program. The decisive factor is whether the protected source and object code itself is affected.
