EU Court Rules Game Mods Don’t Violate Copyright Law, Delivering Setback to Sony

The European Court of Justice has ruled that software from UK company Datel, which allows for unlimited boosts in a racing game, does not violate EU copyright law. The decision, issued by judges in Luxembourg, could have significant implications for the gaming industry.

The court determined that third-party add-ons for Sony PlayStation games, which provide players with additional features, do not breach EU copyright law. This ruling was seen as a setback for Sony in a case that was considered important for the modding community, an industry worth hundreds of millions of euros.

The judges explained that the EU Directive on the legal protection of computer programs does not permit copyright holders to prevent third parties from marketing software that merely modifies variables in a game's temporary working memory. They clarified that the directive only protects the original intellectual work as expressed in the source code and object code of the program.

Datel, a UK-based company, developed software that allowed players to gain infinite boosts in the racing game *MotorStorm* and use motion sensor controls with the console. Sony had argued that this software “latches on like a parasite” to its games, infringing copyright law. However, the court ruled that because Datel's add-ons did not alter the game's source code, they did not constitute a copyright violation.

In an earlier non-binding opinion, Advocate General Maciej Szpunar supported this view, stating that using a copyrighted work against the creator’s wishes is not illegal. He compared it to a reader skipping to the end of a detective novel, which, while it may diminish the experience, is not unlawful.

The case highlights concerns over Sony’s efforts to control how users modify its products, with critics accusing the company of overreach. Gaming advocate Ross Scott argued that altering games is akin to making changes to other personal items, such as highlighting a book or modifying a car. He added that cheating in single-player games is a "victimless crime."

Scott, who is also behind a separate EU petition aiming to prevent companies from shutting down online-only games, warns that a broader interpretation of copyright law could threaten a wide range of software. He pointed out that many popular games, including *Fortnite*, have roots in the modding community, which has played a key role in the gaming ecosystem.