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EU court upholds right to sell PlayStation add-ons, in loss for Sony

Software sold by UK company Datel that allowed infinite boosts on a racing game doesn’t infringe EU copyright law, judges in Luxembourg said, in a ruling that some say could prove crucial to the gaming sector.View on euronews

sg.news.yahoo.com

Third party add-ons for Sony PlayStation games that offer players extra options don’t breach EU copyright law, the European Court of Justice has said.

The EU’s highest court found against the video games giant in a case seen as crucial to a games modding ecosystem worth hundreds of millions.

“The Directive on the legal protection of computer programs does not allow the holder of that protection to prohibit the marketing by a third party of software which merely changes variables transferred temporarily” to working memory, judges said in a statement.

“The directive protects only the intellectual creation as it is reflected in the text of the computer program’s source code and object code,” they added.

Datel, based in the UK, sold software that let gamers get infinite boosts in racing game MotorStorm, and control the console using a motion sensor.

Judges in Luxembourg were asked if that infringed 2009 EU laws on game copyright – given that, in princple, Datel’s add-ons don't alter source code, but merely changed variables running in the working memory.

Sony had argued that Datel’s software “latches on ... like a parasite” to the PlayStation game.

But in a non-binding opinion prepared for the EU court in April, Advocate General Maciej Szpunar said there was nothing illegal about using a copyrighted work contrary to the creator’s intentions.




So roughly.... selling cheats/cheat tools would not be illegal, but you could STILL run afoul of user agreements, etc. Sony tried to fight this and make them all illegal, and have been handed an apparent loss (for now).

 

[Eimran]

Make game cheats great again and people wouldn't need this software.

 

[Dural]

Make game cheats great again and people wouldn't need this software.

They don't want that, they'd rather have microtransactions for what used to be done with cheat codes.

 

[lh032]

Sony should include cheats in the subscription service.

 

[Gamer_By_Proxy]

Sounds good to me. Quit trying to expand the power of government and just let Sony ban them via user agreements. Done and done.

 

[ArtHands]

gg to those who wants to play as CJ or Shrek in Dragon Ball Sparking zero on Playstation

 

[Trogdor1123]

I wonder if this extends to net code?

 

[DJ12]

Jesus, from the ps3 and motorstorm.

Good luck getting anything to work in anything recent.

 

[Killjoy-NL]

Isn't this mostly PC-related?

 

[Dr.brain64]

Should be illegal imo. Oh well. I thank sony for trying.

 

[Boss Mog]

Cronus Zen needs to get banned. Sony should just brick the PS5s of anybody who uses one.

 

[JimboJones]

Datel used to do great products, I used to have cheat carts/cds and save backup tools for handhelds.
But the console guys have become super protective since online subs,gaming,cloud saves , achievements etc
I can't really see how they survive these days, what exactly can the sell now?

 

[DeepEnigma]

Isn't this the Game Genie thing all over again? Or does this have the potential to backdoor security issues?

Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. - Wikipedia

en.wikipedia.org

 

[Cornbread78]

As someone that plays online shooters, fuck each every player using cheats..

 

[ReyBrujo]

Sony had argued that Datel’s software “latches on ... like a parasite” to the PlayStation game.

Great argument, Sony.

Make game cheats great again and people wouldn't need this software.

Passwords are the greatest thing we lost from games.

 

[Guilty_AI]

15 years, it took them 15 years to rule this

 

[Icymanipulator]

A rare win for gamers

 

[Varteras]

 

[Exede]

Now let me save PS5 saves on an USB...

 

[DeepEnigma]

A rare win for cheaters

FTFY

 

[Icymanipulator]

FTFY

For sure
I guess the way I see it is that a precedent like this can be used to help defend modding / emulator efforts in the future.
So while cheaters may benefit too, it could potentially help the legality and defense of mods/emulators.

Edit.

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Moon Channel ( a lawyer who makes some game related video) has some really insightful videos about Nintendo and Emualtors

 

[LectureMaster]

European Court of Justice rules against Sony in lawsuit over Action Replay cheats

The European Court of Justice has ruled in favour of UK peripherals firm Datel as it faces a lawsuit from Sony over its…

www.gamesindustry.biz

In a case that dates back to 2012, Sony sued Datel in German courts of its Action Replay for PlayStation Portable, using examples of the cheats this product provides for titles such as MotorStorm: Arctic Edge (for instance, infinite boosts).

The platform holder claimed Action Replay was infringing on its rights to authorise any alterations to its game software, and sought protection under the European Parliament's 2009 directive of the legal protection of computer programs.

According to a release by the European Court of Justice, the German Federal Court of Justice observed that Action Replay "does not change or reproduce either the object code, the source code, or the internal structure and organisation of Sony's software."

Instead, it "merely changes the content of the variables temporarily transferred by Sony’s games to the console’s RAM, which are used during the running of the game."

The German courts called on the European Court of Justice to weigh in on this interpretation of the 2009 directive, and the latter agreed.

Speaking to GamesIndustry.biz, ADVANT Beiten partner Dr. Andreas Lober said: "No doubt developers and publishers of cheat software will rejoice. [But] they should not be too enthusiastic about this judgement.

"For procedural reasons, the Court only ruled on one single ground: whether merely changing variables of a computer program qualified as an unauthorized modification. When publishers of multiplayer games act against providers of cheat software today, they typically rely on other legal instruments which are not affected by this decision, e.g. breach of EULAs and unfair competition."

 

[Dacvak]

Action Replay?

 

[rubenburgt]

Action Replay?
No thanks. I rather stick to Gameshark.

 

[Grildon Tundy]

Gameshark? I'd rather stick with my Game Genie, thanks.

 

[Unknown?]

They don't want that, they'd rather have microtransactions for what used to be done with cheat codes.

Please pay $5 for big head mode!

 

[NEbeast]

Lame. This could have been the end for xim/chronus cheating scum.

 

[Cakeboxer]

Get some Nintendo lawyers if you want fast and good results.

 

[TheKratos]

EU uses cronus

 

[DeepEnigma]

Get some Nintendo lawyers if you want fast and good results.

Isn't this the Game Genie thing all over again? Or does this have the potential to backdoor security issues?

Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. - Wikipedia

en.wikipedia.org

 

[Synastry]

Gameshark? I'd rather stick with my Game Genie, thanks.

I still have GG for PS3 that I bought back 2010 and it still works.

I also still have SW for PS4 and its still getting updates.

Its one of the reasons why Sony doesn't allow saves to be copy to USB no more.

 

[SyberWolf]

the next topic for EU should be to fight these companies in court for the fact that we dont own digital games and that these games are considered a subscribtion that is paywalled with another subscription ps+/gamepass just to play your already subscribed content online for something that is given for free on PC for over 2 decades.
this should be illegal.

 

[Nitty_Grimes]

Now let me save PS5 saves on an USB...

I think I’ve got over 140+ of my PS4 saves backed up on a random USB rather than having them all sat on my PS5.

I’d like to keep my PS5 saves also on USB - whilst I don’t have that number, I either store them on the internal drive which isn’t ideal or have to pay for their shitty cloud service to store them.

I know there’s things like Save Wizard but I’m not referring to that.

 

[Nitty_Grimes]

I still have GG for PS3 that I bought back 2010 and it still works.

I also still have SW for PS4 and its still getting updates.

Its one of the reasons why Sony doesn't allow saves to be copy to USB no more.

I never looked at it that way I always assumed they wanted you to pay for fucking PS+ to save them in the cloud. £100 a year with some games thrown in the soften the deal.

 

[YeulEmeralda]

If they could ban cheats the next step would be mods. They want total control.

 

[Allandor]

Problem for this with Sony is, they never really invested in security. It needed the big breach in ... was it 2013 so they finally thought about security in their web services. And still they don't control (once in their system) who access which memory. And also they don't seem to control user inputs on their servers, else all this cheating wouldn't be possible.

For single player games they should just add cheats and most of this community wouldn't exist.
For multiplayer games they must striten their control mechanisms.
But nowadays everything is more or less just P2P multiplayer. Most game servers are nothing more than a proxy. Maybe the servers should do a bit more for the money players pay. E.g. just deliver player positions the player can actually see. Walk hacks wouldn't be possible this way. But yes, game servers would than have to do more than simply routing players stats and positions.

 

[Nitty_Grimes]

Action Replay?

I still use one of these (this is my actual cart)

 

[Kadve]

Isn't this the Game Genie thing all over again? Or does this have the potential to backdoor security issues?

Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. - Wikipedia

en.wikipedia.org

Also Sega vs Accolade. And kinda before that you also had Coleco vs Atari

Sega v. Accolade - Wikipedia

en.wikipedia.org

https://www.retrothing.com/2010/04/colecovision-addon-that-started-all-the-trouble.html

In short. As long as you don't make use of any patented parts in your final product. Then reverse engineering and releasing hardware that perform the same function is completely legal. This is why all these FPGA consoles get away with it.
(Software is a bit more complicated since you have the whole DMCA thing mucking things up. But in the case here where the software doesn't actually modify the original code or involve it in any way there is nothing really legally stopping it)

 

[nowhat]

Action Replay?

Ohmigud. It was the thing back in the C64 days.

I'm guessing, nowadays with games taking way more memory than 64kb, it would be next to impossible to scan memory locations for if a value that was 3 previously is now 2? But back in the day, it worked with surprising accuracy. And boom, infinite lives.

 

[Synastry]

I never looked at it that way I always assumed they wanted you to pay for fucking PS+ to save them in the cloud. £100 a year with some games thrown in the soften the deal.

For sure I remember a tweet from one of the programmers of both GG and SW said that if Sony ever allows for usb transfer of ps5 saves they be there day 1 with a save editor program.

Also remember Sony has been trying to stop SW on ps4 with updates but the guys at sw always find a way to crack it.

 

[splattered]

Obviously the judges' children are terrible at COD n Fortnite and are blackmailing their parents to rule against Sony.

 

[JimboJones]

Ohmigud. It was the thing back in the C64 days.

I'm guessing, nowadays with games taking way more memory than 64kb, it would be next to impossible to scan memory locations for if a value that was 3 previously is now 2? But back in the day, it worked with surprising accuracy. And boom, infinite lives.

I think cheat engine does exactly that on PC so I don't think it would be impossible (although correct me if I'm wrong).
I think most of the obstacles is from console manufacturers locking stuff down to prevent cheating, manipulating achievements, manipulating saves due to fears of vulnerabilities being exposed for jail breaking and of course they probably do benefit from selling what would have been considered cheat modes.

 

[ArtHands]

They're trying to make it illegal so they can help publishers sell those cheats in-game legally as DLC

 

[Three]

They're trying to make it illegal so they can help publishers sell those cheats in-game legally as DLC

This talk about DLC is just missing the woods for the trees. There was no infinite boost DLC in Motorstorm. All these devices did was fuck up leaderboards on PS3 and devices like Cronos can fuck up multiplayer games now.

By all means complain about specific games that sell gameplay enhancing consumables but fighting these devices is not for that. We can have free "cheats" in single player games today too. You play something like Uncharted and you can use what would have been button combination cheats of the past, big head mode, infinite ammo, god mode etc. We don't need the devices that fuck up competitive games for that stuff. If anything these devices would encourage people to buy gameplay enhancing boosts to remain competitive, you've made a monetized software and hardware market for competitive games.