Summary
Short analysis published by Lexis News of the judgment of the Court of Justice in Top System v Belgian State (C-13/20). The Court ruled that the lawful acquirer of a computer program may decompile it where this is necessary to correct errors affecting its operation, even where the licence restricts it, but only to the extent needed for that correction and in compliance, where appropriate, with the conditions agreed with the right holder. The note compares this outcome with the Advocate General’s opinion and with UK law, and explains why software licence clauses that simply prohibit decompilation should be reviewed.
Reference
H. Haouideg, "Court of Justice: licensee may decompile a computer program to correct errors even when restricted by licence (Top System SA v Belgium)", Lexis News, 2021.