Mobile game publishers are losing a court battle to prevent people from using their games for mobile devices, a victory for privacy advocates.
The European Court of Justice has granted the mobile game industry’s appeal against a decision to ban the practice.
The court said the ban is not proportionate, as it could “interfere with the enjoyment of users’ right to use mobile phones”.
It also said the court must consider the potential consequences of banning such a widespread practice, such as a ban on access to mobile devices to play games.
The appeal is due to be heard in the Netherlands on 30 May.
The case involves two mobile game companies, Faze and Playmaker, which say they are in breach of European laws because their games include features that allow users to browse the internet, play video games and upload screenshots.
The companies argue that such features would be incompatible with EU data protection laws, and therefore the ban on the feature is justified.
The courts rejected their arguments and ordered the bans to go ahead.
Faze said in a statement that the ban was “a blatant violation of EU law”.
The company said it has been in talks with the European Commission, the European Union’s executive body, since the case was launched.
Playmaker said it is considering an appeal.EU law prohibits the blocking of websites or applications that allow players to browse, share or send files, as well as the blocking or restriction of access to a person’s mobile phone.
It says EU data rules protect users’ fundamental rights to privacy and security and that they can be effectively protected by EU legislation.