EU Software Protection for Variable Data in Computer’s memory

EU Software Protection for Variable Data in Computer’s memory

EU Software Protection for Variable Data in Computer’s memory

In a recent ruling the European Court of Justice (ECJ) issued a judgment on whether changes to variable data in a computer’s memory constitute an infringement of software protection rights.

The case centers on a dispute between Sony Computer Entertainment Europe Ltd and another party, focusing on issues related to the modification and protection of computer programs under European law. The primary legal question is whether changes to variable data in a computer’s memory constitute an infringement of software protection rights.

Interpretation of Legal Provisions

Several legal provisions are interpreted in the case, including Directive 2009/24 and the Bern Convention. The case examines whether the modification of variable data stored in a computer’s memory, without altering the original program’s code, infringes on the software protection rights provided by these legal frameworks.

Technical Details

The technical aspects of the case involve the use of Datel’s software on Sony’s PSP console. Datel’s software alters the content of variables stored in the console’s memory without modifying the original program’s code. This alteration allows users to access additional features and functionalities not provided by Sony’s original software.

Directive 2009/24

The case delves into the specifics of Directive 2009/24, which provides legal protection for computer programs. It explains that the directive protects the intellectual creation as reflected in the source code and object code of a computer program. However, it does not protect the ideas and principles underlying the program’s various parts, such as logic, algorithms, and programming languages.

Bern Convention

The Bern Convention is also discussed in the case. It provides that computer programs, whether expressed in source code or object code, are protected as literary works. The document highlights that copyright protection can cover expressions but not ideas, procedures, methods, or mathematical concepts as such.

ECJ:s Interpretation

The court’s interpretation of the legal provisions is also detailed in the case. It is noted that the court has previously ruled that the copyright protection for computer programs does not extend to the ideas and principles underlying the program’s various parts. Only the expressions of these ideas and principles are protected.

Datel’s Software

The case describes how Datel’s software is installed on the PSP console and runs simultaneously with Sony’s game software. It does not alter or reproduce the object code, source code, or internal structure and organization of Sony’s software. Instead, it only changes the content of the variables temporarily stored in the PSP console’s memory, which are used when the game is played.

Legal Arguments

Sony argued that Datel’s software, by altering the content of the variables stored in the PSP console’s memory, infringes on its copyright. Sony sought to stop the sale of Datel’s software and claimed damages for the alleged infringement.

Court’s Decision

The court ruled that the modification of the variable data stored in the computer’s memory does not constitute an infringement of the software protection rights provided by Directive 2009/24. The court concluded that the content of the variable data stored in the computer’s memory and used when the program is run is not protected by the directive, as long as this content does not enable the reproduction of the program or result in such a program at a later stage.

Implications

The case concludes by discussing the implications of the court’s decision. It emphasizes that the legal protection for computer programs is limited to the expressions of ideas and principles, not the ideas and principles themselves. This distinction is crucial for ensuring that the legal protection does not hinder independent creation and innovation in the software industry.

Further advice

DeLorean Advokat regularly advices clients in areas of copyright and software. Please talk to us about your case and if we are the right counsel for you and your business.