Legal nature of videogames — limits of application and evaluation criteria of technological protection measures

By a judgment issued on last 14 January, the European Court of Justice (ECJ) has ruled on the interpretation of article 6 of Directive 2001/29 in order to clarify the scope of legal protection afforded by such provision to copyright holders, aimed to prevent or limit the unauthorised acts of reproduction and communication, making them available to the public or distributing protected works.

In particular, the court — empowered by the Court of Milan, in relationship to the lawsuit brought by Nintendo Co Ltd, together with Nintendo of America Inc and Nintendo of Europe GmbH against PC Box S.r.l. and 9Net S.r.l., to decide on the above-mentioned matter — had, in its decision, examined several important issues…

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