COPYRIGHT | The ECJ on the scope of the protection granted by Directive 2009/24/EC on computer programs

On 17 October 2024, the European Court of Justice (ECJ) issued its judgment in Case C-159/23 (Sony Computer Entertainment Europe Ltd v Datel Design and Development Ltd, Datel Direct Ltd, JS). The case originated from Sony’s claims that Datel’s software alters its games and violates Sony’s exclusive right to control any changes to its software. Sony asked to stop Datel from selling these products and to compensate for the alleged damage. After the German Federal Court of Justice (BGH) asked to interpret the Directive on the legal protection of computer programs, the ECJ ruled that Datel’s modifications do not infringe Sony’s exclusive rights. Indeed, Datel’s software does not alter the core code of Sony’s games but only alters some temporary data (variables) used during gameplay. Since these changes are not considered a “reproduction” or “creation” of the original program, they are not covered by the legal protection for computer programs.

Newsletter n. 101 – November 2024