Games Gaming News

EU Court of Justice Rules in Favor of Modding: Sony Loses Battle Over Third-Party Add-Ons

In a landmark decision, the European Court of Justice (ECJ) has ruled that third-party add-ons for Sony PlayStation games do not violate EU copyright law, dealing a blow to Sony’s efforts to control modifications to its gaming products. This ruling is expected to have significant implications for the video game modding community, a multi-million-euro industry.

The case revolved around software produced by UK-based Datel, which allowed PlayStation gamers to modify variables in the game MotorStorm—including infinite boosts and motion-sensor controls—without altering the game’s source code. Sony claimed that these modifications were akin to a “parasite” latching onto the game, but the court found otherwise.

Court’s Verdict: Modding Doesn’t Violate Copyright

According to the ECJ, software that merely changes variables in the working memory, without altering the source or object code of the game, does not infringe upon copyright laws. The court stated that EU copyright law protects only the intellectual creation expressed in the code itself, not external software that manipulates variables temporarily.

Advocate General Maciej Szpunar previously set the tone in a non-binding opinion earlier this year, arguing that the use of copyrighted material contrary to the creator’s intentions doesn’t automatically constitute a legal violation. He likened the case to skipping to the end of a book to reveal the ending—something authors might disapprove of, but which cannot be legally forbidden.

Industry Impact: A Precedent for Modding

This ruling is a significant victory for game modders and could help prevent similar companies from seeking to restrict how players interact with their games. Many see Sony’s stance as an overreach, arguing that modding is an integral part of the gaming experience.

Gaming activist Ross Scott, a vocal critic of companies seeking to curb modding, welcomed the decision. He compared game alterations to “adding highlights to a book or changing the wheels on your car” and maintained that in single-player games, allowing cheats or mods is a “victimless crime.”

Petition to Save Online Games Gains Traction

This ruling also comes amid growing concerns over the loss of online-only games. Scott is spearheading a separate EU petition aimed at preventing companies from shutting down online games, a move that effectively erases customer access to purchased products. The petition, which was launched after Ubisoft announced the shutdown of support for The Crew, has garnered over 370,000 signatures so far.

Scott argues that restricting modding and shutting down online games threatens the broader gaming ecosystem, potentially endangering millions of euros in revenue from games that originated from or rely on mods.

What’s Next?

The ECJ’s ruling provides a clear signal that game modification is protected under EU law, a move likely to energize the modding community and raise further questions about game companies’ control over how their products are used. While Sony and Datel have yet to comment on the decision, this case could set a precedent for future copyright battles between tech giants and independent developers.

For now, the future of modding in Europe looks bright, with this ruling helping to preserve a key facet of gaming culture. Whether Sony will attempt further legal measures remains to be seen, but the modding community has scored a significant victory in its fight for creative freedom.