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M. Favale – A Wii too stretched? The ECJ extends to game consoles the protection of DRM- on tough conditions

M. Favale, ‘A Wii too stretched? The ECJ extends to game consoles the protection of DRM- on tough conditions’, European Intellectual Property Review, [2015] 37 (2), 101-106

The paper analyses the European Court of Justice ruling in Nintendo Co Ltd v PC Box Srl (C-355/12) on whether the protections for technological protection measures (TPMs) under Directive 2001/29 art.6 extended to devices in games consoles that prevented users from playing other manufacturers’ games. It assesses how art.6 should be applied to devices that circumvented TPMs but also served other commercial purposes. Finally, it considers whether videogames fell within the scope of Directive 2009/24 (Software Directive).