GRA WIDEO W ŚWIETLE TREŚCI ART. 278 § 2 K.K.
VIDEO GAME DEFINITION UNDER ARTICLE 278 § 2 OF THE POLISH CRIMINAL CODE

Summary/Abstract: The article analyzes legal issues related to the protection of video games under criminal law. Video games are currently one of the most profitable sectors in the entertainment industry, generating substantial revenue and engaging millions of players worldwide. Despite this, both European and national laws do not provide specific protection for video games as they do for computer programs. In the context of criminal law, crimes against property, including illegal acquisition of computer programs, are penalized. However, provisions regarding computer programs do not always clearly encompass video games. There are various doctrinal interpretations and court decisions regarding whether video games can be considered computer programs under article 278 § 2 of the Polish Criminal Code. This article provides an analysis of case law, including sentences in which courts classified video games as computer programs without thorough reflection on the issue. It also discusses diverse doctrinal approaches to the definition of video games and their legal status, emphasizing the lack of clear regulations and definitions at the international and EU levels and the need to create new, precise regulations to strengthen the protection of video games.

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