IT Development (Approximation of laws - Opinion) [2019] EUECJ C-666/18_O (12 September 2019)

IT Development (Approximation of laws - Opinion) [2019] EUECJ C-666/18_O (12 September 2019)

Modification of a computer program's source code in breach of a licensing agreement constitutes an infringement of the copyright holder's rights if not exempted by law, but where the licence reserves such rights for the author, the legal basis for action is contractual. It is for national law, respecting EU principles of equivalence and effectiveness, to determine procedural arrangements for enforcement.

Citation
[2019] EUECJ C-666/18_O
Parties
Applicant: IT Development SAS; Respondent: Free Mobile SAS
Jurisdiction
European Union
Judgment Date
12 September 2019
Procedural Posture
Preliminary Ruling (reference) / Opinion of Advocate General
Outcome
Opinion proposes that the Court answer the referred question as follows: Modification of software source code in breach of a licence may constitute copyright infringement if not exempted, but the legal basis is contractual where the licence reserves such rights; procedural arrangements are for national law, subject...
Legal Topics
Copyright in Computer Programs, Software Licensing, Contractual Vs. Non Contractual Liability, Enforcement of Intellectual Property Rights
Intellectual Property Law European Union Law Contract Law Copyright in Computer Programs Software Licensing Contractual Vs. Non Contractual Liability Enforcement of Intellectual Property Rights

Case Brief

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Parties

IT Development SAS

Applicant

Free Mobile SAS

Respondent

Procedural Posture

Preliminary Ruling (reference) / Opinion of Advocate General

Legal Issues

  1. 1 Whether a licensee's breach of a software licence agreement constitutes copyright infringement or merely breach of contract under EU law and French law
  2. 2 Whether EU Directives 2009/24/EC and 2004/48/EC require Member States to allow actions for copyright infringement in contractual disputes involving software licences

Ratio Decidendi

Modification of a computer program's source code in breach of a licensing agreement constitutes an infringement of the copyright holder's rights if not exempted by law, but where the licence reserves such rights for the author, the legal basis for action is contractual. It is for national law, respecting EU principles of equivalence and effectiveness, to determine procedural arrangements for enforcement.

Court Disposition

Opinion proposes that the Court answer the referred question as follows: Modification of software source code in breach of a licence may constitute copyright infringement if not exempted, but the legal basis is contractual where the licence reserves such rights; procedural arrangements are for national law, subject...