European Union: Issued CJEU ruling on legal protection of computer programs relating to gameplay variable alteration (Sony Computer Entertainment Europe v Datel) (C-159/23)

On 17 October 2024, the Court of Justice of the European Union (CJEU) ruled in a case involving Sony Computer Entertainment Europe, a distributor of PlayStation consoles and games, and Datel Design and Development and Datel Direct, which develop and distribute software. The preliminary ruling addressed allegations of infringement by Datel of Sony's exclusive right to authorise any alterations to the computer programs of which Sony is the right holder, interpreting Articles 1(1) to (3) and Article 4(1)(b) of Directive 2009/24/EC. The CJEU clarified that variable data transferred to random-access memory by a protected program does not receive copyright protection if it does not enable the program's reproduction or subsequent creation.