Copyright protects the computer code - not the function of the code
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10 November 2012
In the case of SAS Institute Inc
v World Programming Ltd, Case C-406/10, the Court of Justice
of the European Communities ("CJEC") in responding to a reference from
the High Court for England and Wales has provided that functionality of
a computer program or a programming language is not protectable by
copyright under the Software Directive.
The CJEC has determined that the functionality of a computer program,
the data file format and the programming language are not protectable
by copyright under the Software Directive.
Therefore, where a company markets and provides its software by way of
licence the licensee may study and test the software to determine how
it functions to realise the software ideas and principles without any
authorisation from the licensee copyright owner once they do not
infringe the copyright owner's rights by copying the code itself.
Therefore, they can write their own code which will provide the same
results as the code they have licenced. A different method... same
By Lawdit Solicitors, Southampton
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2013-01-17 09:08:15 in Legal Articles