united-states dmca
Is creating and selling &quot;cheats&quot; or &quot;hacks&quot; for games illegal?
<p>I sell game hacks for a living, but wanted to learn more about the laws regarding what I do.</p>

<p>Most of you probably haven't heard of this, but there are people like me who reverse engineer games, and make software that exploit the games code and memory in order to gain an advantage.</p>

<p>Basically, we have to reverse games to know where the game stores different information, like your players health, position, and weapon. Reverse engineering involves taking an executable you get when you buy the game, and seeing where the code stores information.</p>

<p>Based on this information, you can make a program to access the information you found while reversing, and modify it to give you an advantage. </p>

<p>I've only read some stuff on the DMCA, but I am unsure if this qualifies for it. Most games have an "anti-cheat" which try to detect people who use cheats and ban them from the game. As a cheat developer, you have to bypass these counter measures, and sometimes these counter measures are present in the executable in the form of packing / obfuscation which just makes it harder to analyze.</p>

<p>If I take information from an executable given to me since I bought a game, and make a game cheat based on the information then sell, is this illegal?</p>

<p>If you have any questions, let me know. I live in the United States.</p>

<h2>Yes</h2>

<p>The relevant legal concepts are <a href="https://en.wikipedia.org/wiki/Copyright" rel="noreferrer">copyright</a>, <a href="https://en.wikipedia.org/wiki/Contract" rel="noreferrer">contract law</a> and the <a href="https://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act" rel="noreferrer">Computer Fraud and Abuse Act</a>. You are liable to be sued by the people affected for damages and/or be prosecuted by the government for the felony under either or both laws.</p>

<p>Let's start here: "I bought a game". <strong>No, you didn't</strong>; you bought a licence to use the software in accordance with the terms of service (licence) that you freely agreed to. <strong>All modern ToS will not allow you to reverse engineer the software.</strong> </p>

<p>If you breach those terms of service then you have broken a contract - that is what allows them to sue you. They will no doubt argue that the prevalence of cheat routines developed by people like you reduce the number of people willing to play the game - say 100,000 users x $10/month * 12 months = $12,000,000. They will also ask the court to impose punitive damages to discourage this sort of thing.</p>

<p>Which brings us to the copyright violation. You are allowed to copy their software provided you comply with the ToS. But you didn't. Therefore you are in breach of the Copyright Act and subject to additional civil and criminal sanctions.</p>

<p>Finally, your "cheats" access their servers in a way that the ToS doesn't authorize. This puts you in breach of the CFFA - breaking this carries serious jail time penalties. Not to mention that in the US, a criminal conviction will preclude you from many jobs, including, naturally, any with access to company computer systems.</p>

<p>Putting aside the illegalities, cheats are unethical and ruin the game experience for hundreds of thousands of people who don't use cheats.</p>

<p><strong>You are a criminal - stop being one!</strong></p>

<p>This appears to be criminal infringement.  I'm going to try to point to the places in the law that make this illegal, step by step.</p>

<p><a href="https://www.law.cornell.edu/uscode/text/17/106" rel="nofollow noreferrer">17 U.S. Code § 106 - Exclusive rights in copyrighted works</a> says:</p>

<blockquote>
  <p>Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:<br>
  (2) to prepare derivative works based upon the copyrighted work;</p>
</blockquote>

<p>The definition of a derivative work is <a href="https://www.law.cornell.edu/uscode/text/17/101" rel="nofollow noreferrer">here</a>:</p>

<blockquote>
  <p>A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”.</p>
</blockquote>

<p>This seems to apply to what you're doing - you're modifying the original work to create a new one.  </p>

<p>According to <a href="https://www.law.cornell.edu/uscode/text/17/501" rel="nofollow noreferrer">17 U.S. Code § 501</a>:</p>

<blockquote>
  <p>Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122... is an infringer of the copyright</p>
</blockquote>

<p>Since you don't have permission to create a derivative work (and don't seem to qualify for an exception like fair use), you're infringing the owner's exclusive right to do this.  You are therefore officially infringing.</p>

<p>Not all infringement is criminal - but it appears yours is.  <a href="https://www.law.cornell.edu/uscode/text/17/506" rel="nofollow noreferrer">17 U.S. Code § 506 - Criminal offenses</a> says:</p>

<blockquote>
  <p>In general.—Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed—<br>
  (A) for purposes of commercial advantage or private financial gain;</p>
</blockquote>

<p>You say you're selling it, so almost certainly it's for private financial gain, and I can't describe your infringement as anything but willful.  So you appear to qualify for criminal charges, if the federal government felt like prosecuting you.</p>

<p>If you look at <a href="https://www.law.cornell.edu/uscode/text/18/2319" rel="nofollow noreferrer">18 U.S. Code § 2319</a>, you can see the penalty is as follows:</p>

<blockquote>
  <p>Any person who commits an offense under section 506(a)(1)(A) of title 17—<br>
  (1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies..., of 1 or more copyrighted works, which have a total retail value of more than $2,500;<br>
  (2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and<br>
  (3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case</p>
</blockquote>

<p>So, on a first offense, it's up to 5 years in federal prison assuming you're doing at least 10 copies and $2500 worth of infringing software per 180 days, and up to 1 year in federal prison if you're doing less business than that. </p>

<p>When you talk about creating a &quot;cheat&quot; or a &quot;hack&quot; for a video game you could be talking about a myriad of different things, which is what I assume has confused the other posters into giving incorrect and misguided information in response to your question (especially surrounding the negative stigma of the word hack in the legal field).</p>
<p>I will answer under the assumption that you are talking about creating and selling a bot for a video game, and not hacking into a video game server or stealing and selling game currency.</p>
<p>Let's discuss this under US law and make a few assumptions, which is what I assume you mean by a game cheat. By making these assumptions we can avoid a lengthy discussion on topics such as wire fraud, money laundering, racketeering, etc.</p>
<p>It is my understanding the common commercial cheat has the following:</p>
<ul>
<li>A standard bot to automate some behavior eg an aimbot and features to enhance visuals (coloring enemies through walls, adding textual information, a radar).</li>
<li>The bot runs on your computer</li>
<li>The bot acts as an accessory program to the game. Users must still hold a valid license of the game to use it, eg, no piracy is involved.</li>
<li>You are selling the bot</li>
</ul>
<p>Let's examine the law</p>
<h2>Derivative Work</h2>
<ul>
<li>As per Lewis Galoob Toys Inc v. Nintendo of America Inc the cheat would not incorporate any copyrighted work in any concrete or permanent form. It would be a computer program consisting of it's own algorithms and instructions with copyright belonging to it's author. Hence, it would not be considered a derivative work.</li>
</ul>
<h2>Copyright Infringement</h2>
<ul>
<li>As per MDY Industries, LLC v. Blizzard Entertainment, Inc the cheat would not be liable for copyright infringement because the End User License Agreement's clauses which prohibit cheating would be considered contractual covenants and not license conditions. Hence, it would not be considered copyright infringement or contributory copyright infringement.</li>
</ul>
<h2>Computer Fraud and Abuse Act</h2>
<ul>
<li>As per MDY Industries, LLC v. Blizzard Entertainment the license conditions prohibiting cheating would be considered contractual covenants so we would still be accessing the game server within our authorization. Several courts have ruled similarly: Terms of Service cannot be used to determine what access is considered unauthorized.  Even more, the DOJ has stated so in their own press release <a href="https://www.justice.gov/opa/press-release/file/1507126/download?utm_medium=email&amp;utm_source=govdelivery" rel="nofollow noreferrer">here, page 3</a>.</li>
</ul>
<h2>DMCA Anti-circumvention</h2>
<ul>
<li>If the game has no anti-cheat, then there are no violations.</li>
<li>If the game has an anti-cheat, it must control access to the server (what would be called the dynamic non-literal elements in the MDY case) and upon detecting your cheat it should block access immediately to the server. If the anti-cheat implements any kind of delayed banning mechanism (delayed as in days or weeks, not minutes or hours), it would most likely not be considered an effective measure hence I would argue there would be no circumvention.</li>
<li>If the game does have an anti-cheat that blocks access immediately to the server and you have circumvented this by modifying your cheat to unblock it after it has been blocked then the infringement must also be willful: Typically you would be warned and told to stop and made aware that your actions of selling the cheat are harmful. Ignoring this warning and continuing to sell your cheat and continuing to unblock it from the anti-cheat would be considered willful infringement.</li>
<li>If the above point holds, the outcome is not clear because there is a circuit split between the Ninth Circuit (MDY Industries) and the Federal Circuit (Chamberlain I and II). I am not aware of any criminal charges being made ever in the United States for DMCA Anti-Circumvention violations where there is no direct nexus between copyright infringement and anti-circumvention (as in this case)- and the fact that there is a circuit split on this very matter makes me believe we won't see any unless the laws change. But it is clear under Ninth Circuit jurisdiction you would be liable for civil remedies.</li>
</ul>
<h2>Civil Remedies</h2>
<p>Without expanding into this too much, many game cheat developers have been made to pay large amounts of money in court.</p>
<h2>Conclusion</h2>
<p>Will you face criminal penalties? No. Will you be sued in court for obscene amounts of money and lose? Absolutely.</p>
<p>My advice? Don't sell cheats. These companies have huge legal teams and you will probably go broke from lawyer fees before you even step in court.</p>

<p>To be clear - they are selling a software. They are not 'reselling' a modified version of the game. Which is why anti-cheat measures are in place. They are selling their own product which is capable of modifying a game while playing it. Selling a cheat isn't illegal. You are not breaking the ToS if your not the one using it. The EULA is by definition END USER license agreement. The consumer purchases the cheat they are breaking their own EULA. If I am to take a game and resell it for my own personal financial gain than yes thats copyright. But if I am selling my own software that just so happens to be able to incorporate itself into their software. Thats a simple ToS breach by the END USER. </p>
