In its ruling of January 12, 2017 (case no. I ZR 253/14), the Federal Court of Justice (BGH) confirmed the ruling of the Hamburg Court of Appeal. The distribution of so-called bot software violates competition law regulations by circumventing protective measures. The use of bot software considerably reduces the attractiveness of the actual computer game for players.
This in turn means that the game manufacturer can no longer bring its product range to the market in its original, unadulterated form. This is because the dwindling appeal would gradually cause players to turn away from the game and sales would decline. According to the BGH, this constitutes the targeted obstruction of a competitor, Section 4 No. 4 UWG.
Dispute between game developer Blizzard and bot manufacturer Bossland
The game manufacturer Blizzard took legal action against the software manufacturer Bossland back in 2014. The US games manufacturer is particularly well known for its computer games such as World of Warcraft (WoW), StarCraft, Diablo III and Overwatch.
After the release of WoW, the software manufacturer Bossland developed bot software that allows players to cheat within the WoW game.
What is bot software and how does it work?
The bot software allows the player to have certain tasks within the role-playing game completed by the software. For example, they can automatically collect resources or complete entire tasks (so-called “quests”). As the player does not have to sit in front of the computer when using the bot software, he can save himself relatively unexciting hours with rather boring tasks within the game. By gaining resources and completing the tasks, the player rises in the rankings and can acquire new “items” for his player.
In addition, it is no longer possible for other players to address the player controlled by a bot and carry out actions together with them. In doing so, they influence the game result of other players and also interfere with the concept of the game.
Ban on the use of bot software in the World of Warcraft terms and conditions
The WoW game manufacturer Blizzard prohibits players from using such bot software and cheats in its general terms and conditions. If a player is caught using them, their account is immediately blocked and can no longer be reactivated.
Blizzard uses a “Warden” software component to recognize bot software in a player. However, this can be bypassed by the bot software using a program component called “TripWire”.
If there is a threat of the bot being detected, the user’s game is automatically terminated. With this additional software component, Bossland is able to successfully circumvent the protection mechanisms of the software manufacturer Blizzard.
Injunctive relief against Bossland is justified
According to the BGH, the Hamburg Court of Appeal (judgment of 06.11.2014 – 3 U 86/13) rightly affirmed a claim for injunctive relief under Section 8 para. 3 No. 1 UWG was affirmed. Blizzard and Bossland are competitors within the meaning of Section 2 para. 1 No. 3 UWG. Both equally offer software for the online game Word of Warcraft.
The infringement of competition law lies in the targeted obstruction of the competitor Blizzard by the bot software, § 4 No. 4 UWG.
Impairment is generally unfair if the purpose is to prevent competitors from developing their business and thereby displace them, or if the impediment results in the impaired competitors no longer being able to adequately promote their services on the market through their own efforts. (see BGH, judgment of June 22, 2011 – I ZR 159/10)
The distribution of bot software means that the game manufacturer can no longer bring its performance to the market in an undistorted and appropriate manner.
The economic success of the game depends on all players having the same conditions for completing the tasks and reaching higher levels. They are in a competitive relationship with each other. In order to be able to compare the players’ scores fairly, all players must adhere to the same rules. These rules also include a ban on the use of bots. Dishonest players could gain an advantage over honest players by using bots.
The annoyance and disappointment of players who behave in accordance with the rules leads to them distancing themselves from participation in the game. If this happens, Blizzard will suffer considerable damage due to the loss of monthly subscription payments.
Not only WoW affected by cheating software
Bossland not only produced the cheat software in question for the online role-playing game World of Warcraft. They also distributed bot software for the Blizzard production of Diablo II and a cheat program for Overwatch. Both the bot software and the cheat program gave the player an advantage over other players who did not use these programs.
The development of the “cheating software” already constitutes a copyright infringement
In a previous parallel case, the game manufacturer Blizzard also took action against the bot software manufacturer Bossland (judgment of October 6, 2016 – I ZR 25/15). The use of the game software to develop bot software was not covered by the purchased license and therefore constituted a copyright infringement. When the game was purchased, only the use for private purposes was granted, but not the use for commercial purposes.
BGH ruling points the way forward for the computer games industry
The ruling of the Federal Court of Justice is welcomed by game providers and software developers. The ruling makes it clear that gaming companies can successfully take action against unwanted software that significantly affects their game.
However, it is not only the game providers who are pleased with the ruling. The ruling is also a boon for players who behave in accordance with the rules. The use of bots in virtual games is comparable to doping in sport. An inequality of opportunity makes both sport and electronic sport (e-sports) a frustrating experience and sooner or later leads to players turning away.
Following the BGH ruling, it should now be easier for game operators to take action against bot software and its providers. This will ensure that the game remains attractive and that all parties can enjoy virtual e-sports equally.