Published: 2022-10-19

Technical measures to protect video games and players’ rights under European Union law

Konrad Stefan Radomiński
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2022.22.3.06

Abstract

This article attempts to determine whether EU legislation relating to the technical protection of computer games effectively balances the position of players and publishers. The socio-economic importance of this problem in Europe is shown by comparing information on the number of players and the market value of games. The high development costs and associated prices make video games highly vulnerable to software piracy, against which many games are protected by technical protection measures. This makes games a convenient, though not uncontroversial area of research on the legal regulation for of such safeguards. This study has determined the particular importance of Directive 2001/29/EC, which was selected within this framework as the appropriate grounds for the legal assessment of technical safeguards for games in the EU Court of Justice ruling in Case C-355/12. The provisions analysed in this paper, in particular Article 6 of the Directive, have been confronted with the provisions of the licences held by global game publishers operating digital game distribution platforms. Te results of the study show that these entities may introduce technical safeguards to shape the actual rights enjoyed by players in a manner less favourable for them than provided by EU law.

Keywords:

video games; technological measures; piracy; fair use.

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Citation rules

Radomiński, K. S. (2022). Technical measures to protect video games and players’ rights under European Union law. Zeszyty Prawnicze, 22(3), 143–172. https://doi.org/10.21697/zp.2022.22.3.06

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