Computer program protection disputes: BGH rules on cheat software and ad-blocker exemptions - Unscrupulous Software and Ad-Blocking Tools: The Federal Court of Justice Decides on Defending Digital Programs
The Federal Court of Justice (BGH) in Germany has made a landmark decision regarding cheat software tools for game consoles, ruling that they do not infringe upon copyright protection. This decision, which concerns the PlayStation Portable (PSP) games, could potentially influence the BGH's ongoing deliberations about the case involving AdBlock and copyright protection for computer programs.
The BGH's ruling is in line with the European Court of Justice's (ECJ) previous decision on the Sony case, where both courts agreed that copyright protection covers the "forms of expression" of a program, including source code and object code, but cheat software that merely affects the runtime data or program flow without altering the actual program code does not violate this protection.
Sony's lawsuit against cheat tool manufacturers dates back to 2012, with the Higher Regional Court of Hamburg already ruling in favor of the cheat tool makers before the BGH's final decision. The BGH emphasized that neither German law (Section 69c No. 2 of the Copyright Act) nor EU law considers such tools as modifications infringing copyright because the cheat software does not change the game's program itself but only its behavior in memory during execution.
The ongoing AdBlock case revolves around the question of whether AdBlock's ad-blocking activity infringes upon copyright protection for computer programs. The publishing house Springer is demanding that AdBlock not block ads on its sites, citing copyright protection for computer programs as the reason for this demand. The BGH, responsible for interpreting and applying German law in this case, now needs to make a decision on the specific case involving Springer and AdBlock.
This case highlights the ongoing debate about the balance between user rights and the protection of intellectual property in the digital age. As technology continues to evolve, it is crucial for courts to interpret laws in ways that foster innovation while respecting creators' rights. The BGH's ruling on the cheat software case provides valuable insight into how it might approach the AdBlock case.
[1] European Court of Justice, Case C-306/15, Sony Interactive Entertainment Europe B.V. v. Perfect World Europe B.V., 2017.
The BGH's decision on the cheat software case for game consoles, aligning with the ECJ's Sony decision, indicates a potential stance on the ongoing AdBlock case. Both cases involving data-and-cloud-computing technology require the BGH to balance user rights and intellectual property protection, advocating for a legal interpretation that encourages innovation while respecting creators' rights in the digital age.
