CJEU: Changes to the content of variables in a computer's RAM are not protected under the Software Directive 2009/24
06-11-2025 Print this pageIPPT20241017, CJEU, Sony v Datel
Change of the variables stored in the computer’s RAM does not constitute a form of expression of a computer program: The protection afforded by the Software Directive 2009/24 does not extend to the content of the variable data transferred to the RAM of a computer and used by that program in its running, in so far that content does not enable such a program to be reproduced or subsequently created. That protection is limited to the literal expression of the computer program, as reflected in the text of the source and object code. Elements which merely affect the functioning or use of the program fall outside the scope of that protection.
IPPT20241017_CJEU_Sony_v_Datel