Video Games Europe & EGDF Position Paper: Product Liability Directive Proposal
Executive Summary
- Video Games Europe and EGDF oppose a generalised inclusion of standalone software in the
definition of ‘product.’ - The text of the proposal does not ensure legal clarity regarding the notions of standalone software, software as a component of a product, software as a service, and digital services.
- Since video games are interactive entertainment and are recognised as unique and complex works by the CJEU, relying on the protections offered by the Computer Programs Directive on the one hand, and on the other hand on the 2001/21/EC Copyright Directive for the artistic and creative elements in a game such as the narrative, the visual images or the music.
- The current inclusion would expose game developers to a substantial, unjustified, and
disproportionate liability regime.