World of Warcraft – more than just software?

The client software of World of Warcraft is protected by copyright. In addition to the computer programme, the audiovisual game data such as music and film sequences are also afforded copyright protection.

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The developers of the computer role-playing games "World of Warcraft" and "Diablo III" have brought copyright infringement proceedings against the provider of so-called bots for both games.

The object of the games is to further develop a virtual game character by fulfilling various tasks. To participate in the game, the player must install client software that contains a computer programme as well as audiovisual game data, namely graphics, music, film sequences, texts and models.

Bots are automation software with the aid of which players can achieve further development of their game character by having bots perform certain time-consuming and tedious actions.

The developers of World of Warcraft regarded the reproduction of their client software for the production of bots as a copyright infringement. In both lower court proceedings, the defendant bots providers were unsuccessful.

Court decision – World of Warcraft protected not only as software

With Urteil vom 06.10.2016 – I ZR 25/15 the Federal Court of Justice (BGH) essentially confirmed the decisions of the lower courts.

The appellate court was correct in law in concluding that the client software for the online games "World of Warcraft" and "Diablo III" is protected by copyright. Software for a computer game that consists not only of a computer programme but also contains audiovisual data is afforded copyright protection not only in respect of the computer programme but also in respect of the audiovisual components, insofar as they possess their own creative value that is not limited to the encoding of a computer language. These components can, taken individually, be protected by copyright as literary works, musical works, works of fine art, photographic works or cinematographic works, or they can participate in the originality of the overall work and together with it enjoy copyright protection.

The development of bots constituted an infringement of the exclusive right of the game developers to reproduce the client software permanently or temporarily. This infringement was not covered by the private right of use granted by contract.

Conclusion

Computer games enjoy copyright protection as computer programmes. In addition, individual components such as graphics, music or film sequences can be subject to protection. Copyright exceptions for computer programmes are then only limitedly applicable.