How did we get here? Case C-159/23 Sony Computer Entertainment Europe revolves around the scope of protection of computer programs under the 2009 Software Directive. The Court of Justice of the EU (CJEU) will respond to two preliminary questions posed by the German Supreme Court. The detailed background of the case was discussed in a…

A loophole in copyright protection? The 2009 directive on the legal protection of computer programs (the Software Directive) grants copyright protection to all forms of expression of computer programs. Its Article 4(1) mentions three exclusive rights. The first is the reproduction right, which covers not only permanent copies but also temporary copies loaded into the volatile…