The Court of Justice has in a recent judgement (which is also interesting on its' legal merits concerning the interpretation of directive 2001/29/EC) stipulated that video games are not merely the content of programming code. On the contrary the Court holds that:
[...] videogames, such as those at issue in the main proceedings, constitute complex matter comprising not only a computer program but also graphic and sound elements, which, although encrypted in computer language, have a unique creative value which cannot be reduced to that encryption [§ 23].
The result? Videogames are protected by the legislative framework in directive 2001/29/EC.