Did the European court just give cheats a thumbs-up?
Stay Informed
Get Industry News In Your Inbox…
Sign Up Today
Alina Davletshina is head of digital practice at Futura.
Recently, a legal showdown rocked the gaming world: Sony took British company Datel to court, accusing them of copyright infringement. Datel had developed a device that not only enhanced the PlayStation console’s functionality but also enabled cheats in MotorStorm.
The court’s decision was not in Sony’s favour. This unexpected ruling has sparked heated debates across the industry. Why does this case matter so much to devs, and what could it mean for the future of gaming? Let’s break it down.
In this article, we’ll dive into the case details, unpack the legal implications for developers, and discuss how this precedent could shape the gaming industry. Plus, we’ll share practical tips to help companies avoid similar risks.
The backstory
In October 2024, Sony sued Datel for developing software that expanded PSP console functionality. The program allowed motion-sensor controls – a feature Sony hadn’t intended. Moreover, it enabled infinite boosts in MotorStorm. The European Court ruled against Sony, stating that Datel’s actions didn’t violate copyright laws.
This decision has reignited debates about where the line lies between user rights to mod their devices, and developers’ rights to protect their IP. It challenges traditional approaches to copyright enforcement and forces the industry to rethink how to safeguard their products.
Why the drama?
Cheating in games isn’t just a nuisance for honest players – it’s a legal grey area that developers have long battled. When players install cheats, they typically violate the EULA (End-User License Agreement), which gives developers the right to impose penalties like bans or even lawsuits.
The biggest legal headache often comes down to copyright infringement.
However, the biggest legal headache often comes down to copyright infringement. Cheats frequently involve reverse-engineering game files or injecting modded code, which creates unauthorised derivative works. This violates protections under treaties like the Berne Convention and local laws.
Other legal bases for lawsuits can include:
- Violating DMCA and equivalents
- Damaging the company’s reputation or revenue
- Breaching unfair competition laws
- Compromising personal data security
If we take a closer look, it becomes pretty clear that before the Sony vs Datel case, in similar lawsuits, the court always sided with the developer.
Here are some highlights:
Activision Blizzard vs. EngineOwning: Activision sued this cheat provider for Call of Duty, accusing them of violating the DMCA and harming their player base. While the case is still not closed and no final decision has been made yet, Activision already secured a temporary ban on EngineOwning’s operations.
Rockstar & Take-Two vs. Infamous: This cheat menu for GTA Online let players ruin others’ experiences by generating unlimited in-game money. Result: Infamous shut down, and its creators paid damages.
Epic sued cheat creators and even individual players for violating the DMCA and EULA.
Blizzard vs. Bossland GmbH: Blizzard went after this German cheat developer for Overwatch, WoW, and Diablo III. A U.S. court awarded Blizzard $8.6 million and banned Bossland products in the U.S.
Epic Games vs. Fortnite cheaters: Epic sued cheat creators and even individual players for violating the DMCA and EULA. One infamous case involved Brandon “Blaze” Lucas, who was banned and fined.
Nintendo vs. Uberchips: Nintendo crushed Uberchips, a store selling Switch hacking devices. Uberchips paid $2 million in damages and shut down.
Why Datel’s win matters?
The court’s decision was rooted in EU Directive 2009/24/EC, which protects original code elements but doesn’t extend to temporary memory modifications. The court found that Datel’s cheats didn’t infringe on the core code’s IP protections.
Here’s what this could mean:
1. More freedom for players
- Players might gain legal backing to use programs that customise or enhance games, like interface mods, graphics tweaks, or accessibility tools.
- Independent devs could feel encouraged to create innovative mods for games like Minecraft.
- Games could become more inclusive, with user-made adjustments for players with disabilities.
2. Less control for devs
- Studios could lose the ability to fully control how users interact with their products, risking distorted gameplay experiences.
- Cheats that allow shortcuts (like infinite boosts) might devalue games built around progression or achievements.
- It’ll be harder to draw the line between acceptable mods (e.g., UI tweaks) and harmful ones (e.g., adult content or excessive violence).
3. Weakening the case against cheats
- Companies may lose control over how users interact with their products, potentially disrupting monetisation strategies.
- Cheat users can throw off game balance, ruining the experience for others and driving players away.
- While this ruling applies to the EU, it could influence similar legal battles in other regions with comparable laws.
What’s next for game dev?
While this decision sets a precedent in the EU, it could influence cases in other jurisdictions with similar laws. Here’s how devs can stay ahead:
Cheat developers often operate in countries with lenient regulations.
- Strengthen anti-cheat systems
- Tools like Easy Anti-Cheat and PunkBuster are critical for multiplayer games, but devs may need custom solutions to outsmart cheat developers.
- Lawyer up
- Cheat-makers often violate multiple laws. Strong cases hinge on combining:
- Copyright claims (derivative works)
- Anti-circumvention arguments (DMCA)
- EULA violations
- Unfair competition statutes
- Follow the money
- Cheat creators rely on digital payment platforms (e.g., PayPal, crypto). Legal takedowns should include efforts to freeze these financial flows.
- Tackle distribution channels
- From forums to marketplaces, cheats spread through various platforms. Accurate, well-drafted DMCA notices can help takedown infringing content.
- Navigate jurisdictional maze
- Cheat developers often operate in countries with lenient regulations. Tailored legal strategies are crucial for tackling these cases.
Final boss: Finding balance
The Datel case is a wake-up call for devs to rethink how they balance user freedom and IP protection.
While it opens doors for player creativity, it also highlights the need for robust legal and technical safeguards.
The takeaway? Devs need to level up their game – not just in coding but in lawyering too.
