No one likes a cheater. But when does cheating become illegal? Most people would agree that if someone beats you in a video game, there is only one thing you can really do — grit your teeth and go for a rematch. But as the billion-dollar video game industry continues to play an increasingly central role in our lives, developers and the courts are cracking down on cheaters. Can you really be sued for cheating in a video game? One Romanian individual has recently discovered the answer to this question – and it is probably not what you would expect.

Bungie Wins $12 Million in Anti-Cheating Lawsuit

In case you need a reminder of how serious cheating has become in the video game industry, just consider the recent outcome of Bungie’s lawsuit against a Romanian cheater. The famed video game company won $12 million in the lawsuit. Bungie is famous for a number of games, including many of the Halo entries and the Destiny franchise. The lawsuit revolved around Destiny 2, a game that became inundated with “cheat software” thanks to the actions of people like the Romania-based defendant.

These cheat mods were subtle but effective. One piece of software tweaks the player’s aim, making them more accurate. Another lets players see straight through walls. Destiny 2 was intended to be a fair game with no “pay to win” features. The consensus in the industry today is that paid upgrades should only affect aspects of the game that do not provide tactical advantages. For example, most paid add-ons today are aesthetic only, such as different hats or outfits.

Bungie successfully argued that the cheat codes damaged the game. They also alleged that this was an example of copyright infringement, breach of contract, interference with contractual relations, and violation of the Washington Consumer Protection Act.

Can You Be Sued for Making Game Mods?

 A “cheat” is essentially just another example of a game mod, and there are many others. For example, game mods might actually improve the game experience – perhaps making the graphics more realistic or fixing a terrible bug that all gamers struggle with. But can these mods also be illegal? This has proven to be a difficult question to answer in the world of tech law.

According to the Michigan Technology Law Review, game modes are only legal “insofar as game developers suffer them to be so.” As soon as a developer decides to crack down on modders, they can use copyright law to their full advantage. All mods rely on the same thing: The game’s source code. This code is legally protected by copyright laws, and no one is allowed to alter it or use it without permission. This includes free mods that are created purely for fun rather than for profit.

That said, modders who use the source code for their own gain are much more likely to experience legal consequences. An obvious example of this is the aforementioned cheater, who sold his cheat codes through a well-known website for profit. But there are many other similar stories throughout the gaming industry. At one point, a group of WoW (World of Warcraft) players completely reverse-engineered the code of the game – to the point where they could run a complete copy of the game on their own servers. They did this for free, allowing players to enjoy WoW without paying the usual subscription fees. But while the experience was free, the defendant sold additional, optional content for a profit. This would not have been possible had they not stolen the source code to begin with.

Some developers embrace or even encourage the “modding community.” As long as modders are not cutting into their profit margins, developers and game studios can certainly benefit from this unlimited source of free, creative content for their players. Some of the most successful video games started as “mods” of other games. For example, Counter-Strike started as a Half-Life mod. Many modders go on to enjoy lucrative careers with people who created the games they mod.

As with so many other aspects of technology and law, the challenge is actually enforcing these copyright laws. How do you track down a modder who is completely anonymous on the web? How do you bring all of the modders to justice when there are thousands of them out there, creating new mods every single day? It just is not possible – and that is part of the reason so many developers allow these communities to continue without putting up much of a fight. The one thing you can do is focus on the modders who are causing the most damage – which is exactly what Bungie did in its recent anti-cheating lawsuit. In order to do this, you will need to get in touch with a qualified tech lawyer.

There are many strategies that can help you track down illegal modders and hold them accountable. For example, Bungie’s success was largely due to its decision to subpoena Stripe, a payment processing service. Stripe was forced to provide payment records linked to the cheating website, and this revealed thousands of transactions connected with Destiny 2 cheats. The internet might be anonymous, but activities are also very traceable in some situations. Recorded data can be accessed and examined, and this can help you bring illegal modders to justice.

Where Can I Find an Experienced Software Lawyer?

 Whether you are a software developer, a video game programmer, or someone who is trying to sell a mobile app, there are all kinds of legal issues you might encounter in the world of technology. Book a consultation with John P. O’Brien today, and you can explore your legal options alongside a legal professional with a wealth of experience. We have helped numerous companies, entities, and individuals with software-related issues in the past, and we know that when it comes to technology, the legal system always seems to be a few steps behind. Give yourself an advantage, and reach out to us today.