IP case law Court of Justice

Referral C-666/18 (IT Development, 24 Oct 2018)

Does a software licensee’s non-compliance with the terms of a software licence agreement (by expiry of a trial period, by exceeding the number of authorised users or some other limit, such as the number of processors which may be used to execute the software instructions, or by modifying the source code of the software where the licence reserves that right to the initial rightholder) constitute:

- an infringement (for the purposes of Directive 2004/48 of 29 April 2004 1 ) of a right of the author of the software which is reserved by Article 4 of Directive 2009/24/EC of 23 April 2009 on the legal protection of computer programs 2

- or may it comply with a separate system of legal rules, such as the system of rules on contractual liability under ordinary law?

Case details on the CJEU website (external link)