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Case C-159/23, Sony Computer Entertainment Europe: Judgment of the Court (First Chamber) of 17 October 2024 (request for a preliminary ruling from the Bundesgerichtshof – Germany) – Sony Computer Entertainment Europe Ltd v Datel Design and Development Ltd, Datel Direct Ltd, JS (Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Legal protection of computer programs – Directive 2009/24/EC – Article 1 – Scope – Forms of expression of a computer program – Concept – Article 4(1)(b) – Alteration of a computer program – Change of the content of the variables stored in the computer’s RAM and used during the running of the program)
ECLI:EU:UNKNOWN:62023CA0159
62023CA0159
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Official Journal of the European Union
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C/2024/7142
(Case C-159/23,
Sony Computer Entertainment Europe)
(Reference for a preliminary ruling - Intellectual property - Copyright and related rights - Legal protection of computer programs - Directive 2009/24/EC - Article 1 - Scope - Forms of expression of a computer program - Concept - Article 4(1)(b) - Alteration of a computer program - Change of the content of the variables stored in the computer’s RAM and used during the running of the program)
(C/2024/7142)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Sony Computer Entertainment Europe Ltd
Defendants: Datel Design and Development Ltd, Datel Direct Ltd, JS
Operative part of the judgment
Article 1(1) to (3) of Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs
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 not enable such a program to be reproduced or subsequently created.
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ELI: http://data.europa.eu/eli/C/2024/7142/oj
ISSN 1977-091X (electronic edition)
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(*1) Language of the case: German.