Overview
- The Bundesgerichtshof ruled in case I ZR 157/21 that cheat software manipulating only a console’s RAM does not constitute unauthorized reproduction of a program.
- The judgment relies on an October 2024 European Court of Justice decision that temporary data changes in device memory fall outside the scope of copyright protection.
- Presiding Judge Thomas Koch highlighted that copyright covers source code and object code but not transient runtime states.
- Sony’s lawsuit sought damages over cheat tools for a discontinued PlayStation Portable racing game that unlocked features like unlimited turbo and early character selection.
- The high court has remanded a separate Axel Springer versus Eyeo (AdBlock Plus) copyright dispute to the Hamburg Higher Regional Court for further examination.