Revolution in video game law: ECJ ruling brings clarity for developers!

Revolution in video game law: ECJ ruling brings clarity for developers!

On May 27, 2025, Bucerius Law School congratulated its students on a remarkable achievement in the field of video game law. They successfully took part in the Games Law Moot 2025, an international competition that addresses the legal challenges of the gaming industry. The participating team consisted of Julian Petrat (born 2022), Paul Haverkamp (born 2020) and Antonín Dvořák, a Czech exchange student. Participation in this important moot reflects the growing relevance of media law in legal education.

The briefing phase of the competition began back in January 2025 and attracted a total of 22 teams from around the world. Four teams qualified for the digital oral phase, which took place at the end of March 2025. The Bucerius team achieved an impressive second place in written performance and was the only student team to appear in the oral proceedings. All other qualified teams were made up exclusively of experienced practitioners.

Invitation to a conference and case studies

Following their successful performance, the Bucerius team members were invited to a video game law conference in Vilnius in the fall. The case discussed in the moot focused on copyright and competition infringements in connection with a computer game created by a former employee of a game development studio. What is particularly worth mentioning is that the employee brought the basic idea and a prototype of the game with her and also used AI tools in the development phase.

The team was supervised by Jasmin Dolling (born 2016) and the Games Law Research Center at Bucerius Law School. They received support from Professor Dr. Linda Kuschel, Masha Stolbova and Professor Dr. Christian Rauda, ​​all of whom contributed to deepening the understanding of legal aspects of the video game market.

Judgments and guidelines in video game law

In parallel relevance, an important ruling by the European Court of Justice (ECJ) took place on the copyright protection of computer programs. According to a report by IT Media Law, case C-159/23 clarifies that copyright protection focuses solely on expressions of a program, not on temporary data in memory. This decision has far-reaching implications, particularly for the gaming industry, developers of cheat software and modders.

The ruling allows for more freedom in adapting and modifying software and emphasizes the need for a clear distinction between permitted use and prohibited modification. The legal basis is based on Directive 2009/24/EC, which provides a framework for copyright protection. The ruling, which arose from a legal dispute between Sony Computer Entertainment and Datel Design and Development, affirms that mere changes in RAM do not automatically constitute copyright infringement.

The legal clarity created by this decision strengthens the trust of developers and users. Future modifications to software can now be better assessed. This promotes creative and technological innovation while at the same time protecting intellectual property.

Legal disputes and their effects

Another interesting development in the area of ​​video game law is a legal dispute before the Cologne Regional Court. Here, a developer of an “idle game” racing game claimed that her game concept was copied. However, the court found that ideas or concepts do not enjoy copyright protection, only specifically creative designs. The case makes it clear that not only identical replicas but also different designs are relevant for copyright infringement, as long as the uniqueness of the original is retained.

The court's decision highlighted that fundamental elements of the game were considered industry standard and therefore did not rise to the level of creativity required for copyright protection. The plaintiff's competition law claims were also not heard, which once again brought the limits of copyright and competition law protection in game development into focus. The remaining aspects of the legal dispute demonstrate the need to clearly define creative individuality.

Overall, these developments in case law and the achievements of students at the Games Law Moot 2025 represent both progress and challenges for the field of video game law. The dynamic interaction between legal clarity and creative development therefore remains a central issue for the future of the gaming industry.

Bucerius Law School |
IT Media Law |
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