CJEU increases burden on manufacturers of games consoles to prove the unlawfulness of devices circumventing technological protection measures and that their TPMs are proportionate
H. Newton, A. Moir, Rachel Montagnon · Journal of Intellectual Property Law & Practice · 2014
Installation of equipment on games consoles to circumvent their technological protection measures (TPMs) in order to enable the use of additional software applications from third party manufacturers can be lawful in some circumstances. To prevent circumvention of TPMs, manufacturers must be able to show that their choice of TPM is proportionate and does not unreasonably exclude legitimate uses of consoles including their use to play non-manufacturer originated games or other software.