The aim of this paper is to make some critical remarks on decision of January 23, 2014 C-355/12 (Nintendo) of the European Court of Justice, ruling on Article 6 of the Copyright Directive 2001/29/EC, which regulates the legal protection of technological protection measures (TPMs). In the first paragraph, I briefly introduce the subject. In the second paragraph, I summarize the interpretation given and the principles applied by the ECJ. In the third paragraph, I point out some weaknesses of the Court’s wisdom. In the fourth paragraph, I draw a different perspective on the legal protection of TPMs aimed at restricting the application of Art. 6. In the last paragraph, I propose some conclusions.
Misure tecnologiche di protezione: cinquanta (e più) sfumature di grigio della Corte di giustizia europea = Technological protection Measures (Fifty and more) Shades of Grey of the European Court of Justice
Caso, Roberto
2014-01-01
Abstract
The aim of this paper is to make some critical remarks on decision of January 23, 2014 C-355/12 (Nintendo) of the European Court of Justice, ruling on Article 6 of the Copyright Directive 2001/29/EC, which regulates the legal protection of technological protection measures (TPMs). In the first paragraph, I briefly introduce the subject. In the second paragraph, I summarize the interpretation given and the principles applied by the ECJ. In the third paragraph, I point out some weaknesses of the Court’s wisdom. In the fourth paragraph, I draw a different perspective on the legal protection of TPMs aimed at restricting the application of Art. 6. In the last paragraph, I propose some conclusions.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
