Sony Computer Entertainment Europe (Intellectual property - Copyright and related rights - Legal protection of computer programs - Judgment) [2024] EUECJ C-159/23 (17 October 2024)

Sony Computer Entertainment Europe (Intellectual property - Copyright and related rights - Legal protection of computer programs - Judgment) [2024] EUECJ C-159/23 (17 October 2024)

The content of variable data transferred by a protected computer program to the RAM of a computer and used by that program in its running does not fall within the protection conferred by Directive 2009/24/EC, in so far as that content does not enable such a program to be reproduced or subsequently created.

Citation
[2024] EUECJ C-159/23
Parties
Applicant: Sony Computer Entertainment Europe Ltd; Respondent: Datel Design and Development Ltd; Respondent: Datel Direct Ltd
Jurisdiction
European Union
Judgment Date
17 October 2024
Procedural Posture
Preliminary Ruling (cjeu) / Reference for Preliminary Ruling From Bundesgerichtshof (federal Court of Justice, Germany)
Outcome
Interpretation given; content of variable data in RAM not protected under Directive 2009/24/EC unless it enables reproduction or subsequent creation of the program.
Legal Topics
Copyright Protection of Computer Programs, Scope of Protection Under Directive 2009/24/ec, Alteration of Computer Programs, RAM Variable Manipulation
Intellectual Property European Union Law Copyright Protection of Computer Programs Scope of Protection Under Directive 2009/24/ec Alteration of Computer Programs RAM Variable Manipulation

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Parties

Sony Computer Entertainment Europe Ltd

Applicant

Datel Design and Development Ltd

Respondent

Datel Direct Ltd

Respondent

Procedural Posture

Preliminary Ruling (cjeu) / Reference for Preliminary Ruling From Bundesgerichtshof (federal Court of Justice, Germany)

Legal Issues

  1. 1 Does the content of variable data transferred by a protected computer program to RAM and used during its running fall within the scope of copyright protection under Directive 2009/24/EC?
  2. 2 Does altering such variable data constitute an alteration within the meaning of Article 4(1)(b) of Directive 2009/24/EC?

Ratio Decidendi

The content of variable data transferred by a protected computer program to the RAM of a computer and used by that program in its running does not fall within the protection conferred by Directive 2009/24/EC, in so far as that content does not enable such a program to be reproduced or subsequently created.

Court Disposition

Interpretation given; content of variable data in RAM not protected under Directive 2009/24/EC unless it enables reproduction or subsequent creation of the program.

Orders

  • Article 1(1) to (3) of Directive 2009/24/EC must be interpreted as meaning that the content of the variable data transferred by a protected computer program to the RAM of a computer and used by that program in its running does not fall within the protection conferred by that directive, in so far as that content does...