Asunto C-666/18: Petición de decisión prejudicial planteada por la Cour d’appel de Paris (Francia) el 24 de octubre de 2018 — IT Development SAS / Free Mobile SAS
Section | información judicial |
7.1.2019 ES Diario Oficial de la Unión Europea C 4/19
Lengua de procedimiento: francés
Cour d’appel de Paris
Demandante: IT Development SAS
Demandada: Free Mobile SAS
El hecho de que el licenciatario de un programa informático no respete los términos de un contrato de licencia de un programa informático (por la expiración del período de prueba, la superación del número de usuarios autorizados o de otra unidad de medida, como los procesadores que pueden utilizarse para que se ejecuten las instrucciones del programa informático, o por la modificación del código fuente del programa informático cuando la licencia reserva este derecho al titular inicial), ¿constituye:
— una infracción de los derechos de propiedad intelectual (con arreglo a la Directiva 2004/48 de 29 de abril de 2004) (1) sufrida por el titular del derecho de autor del programa informático reservado por el artículo 4 de la Directiva 2009/24/CE de 23 de abril de 2009, sobre la protección jurídica de programas de ordenador, (2)
— o bien puede quedar sujeto a un régimen jurídico distinto, como el régimen de responsabilidad contractual de Derecho común
(1) Directiva...
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