One of the reasons that today’s copyright is such a bad fit for the modern digital world is that its roots lie deep in 18th-century law and analogue objects like books. This fact has created a kind…
[His] opinion asserts that manipulating transient data generated during gameplay through third-party software does not infringe copyright according to the EU’s Computer Programs Directive. This distinction between protecting a game’s code and the temporary data it generates is a very significant one for all developers of game-enhancing tools.
The Advocate General also highlighted that the variable values in question are not original works of the game’s author but result from player interactions and game progression, which are unpredictable and dynamic. Since they depend on unforeseeable factors, these values lie beyond the author’s creative control.
That is an interesting distinction, the code to generate your health total is copyright but the actual health value you modify with cheats is not.
This makes sense to me, and is in line with recent interpretations about AI-generated artwork. Basically, if a human directly creates something, it's protected by copyright. But if someone makes a thing that itself creates something, that secondary work is not protected by copyright. AI-generated artwork is an extreme example of this, but if that's the framework, applying it to data newly generated by any code seems reasonable.
This wouldn't/shouldn't apply to something like compression, where you start with a work directly created by someone, apply an algorithm to transform it into a compressed state, and then apply another algorithm to transform the data back into the original work. That original work was still created by someone and so should be protected by copyright. But a novel generation of data, like the game state in memory during the execution of the game's programming, was never directly created by someone, and so isn't protected.
This raises a rather sticky situation for the coming years. I have been seeing more and more posts about developers using GPT generated code in various projects. If a game is made and it is found that GPT was used for some parts of the core code, does the whole project lose its copyright?
I mean, this is a pretty normal distinction afaik (human vs non-human creations; afaik non-human creations almost always have any human copyright claims voided when challenged).
Imo what makes this special is how precise he's being. If I understand correctly, he's basically saying that the code for the health bar is a human creation and protected by copyright, but while the code to change the health value might be human-made, the actual values are machine-made and not under copyright (there's probably a lot of nuance I'm skipping over, but my understanding is that's the gist of it).
Well, I think both are human creation, you are using the machine and the game to create something new. In that sense, a save game file could also be under the players copyright. Lets say a Minecraft world for instance.
Who ever thought of this?? "Cheats are copyright infringement" is such a stupid sentence..
Not to forget the base line: if it's not in a competitive environment, what the hell do they care if someone wants to play an easier Elden Ring, or skip the 'grind 100 hours for this materials' part??
I remember when a friend of mine got that and showed it to me and I thought it sucked because it made the games too easy, but never in my life would I have thought anyone was infringing copyright by using it.
I used to use Game Genie to make replays of already-completed games more difficult. By getting more entertainment from what I already had instead of buying new games, I was obviously stealing from the game publishers.
When the current copyright comes from books, wouldn't plugins or transient changes/cheats be like taking side notes with a pencil on their individual copy?
Are side notes and annotations copyright infringements?
I would love to see them argue that taking snarky side notes, which change the tone of their words, is copyright infringement.