Selling Online Game Cheats: Not Copyright Infringement, But Unfair Competition
Bakırköy 1st IP Court ruled that selling cheat plugins for an online game neither infringes trademark rights nor copyright, but constitutes unfair competition because the defendant profited from the plaintiff's game without authorization.
Case Overview
An international digital game publisher sued a defendant selling cheat add-ons for its online game, alleging trademark infringement, copyright infringement (FSEK), and unfair competition.
Key Findings
- No copyright infringement: Selling a cheat plugin does not reproduce the game itself; consumers knowingly buy the cheat, not a competing copy.
- No trademark infringement: Buyers are not confused into purchasing a different product, so no likelihood of confusion exists.
- Unfair competition established: The defendant generated income by exploiting the plaintiff's game through cheat engineering.
Outcome
The primary claim was dismissed for lack of proof. In the consolidated case one defendant was ordered to pay TRY 31,602.68 material + TRY 5,000 moral damages.
FAQ
Does selling game cheats infringe copyright in Turkey?
No — it does not amount to reproduction under FSEK. Unfair competition liability may still arise.
Disclaimer: For informational purposes only. Contact Elçi Patent for professional trademark advice.
Bakırköy 1st IP Court, Case No. E.2017/242, Decision No. K.2024/266, Date: 17.12.2024
Party names and trademark details are omitted for confidentiality.