THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LawCrossing Legal Daily News Feature
Top EU Court Limits Copyright Protection on Computer Programs In what is seen as laudable by open source developers and as downright terror by monopolistic software companies, the Luxembourg-based Court of Justice of the European Union has held that ideas and concepts behind computer programs are not entitled to copyright protection. The verdict opens a floodgate for complementary and competing software to challenge market leaders. The ruling was given in a case over U.S. computer company SAS Institute accusing U.K. firm World Programming Ltd over copying programs of SAS and infringing copyrights.
05/03/12
that they observe, to ensure that their own software is interoperable. … Virtually everything we do these days,
The court held that both source code and object code
including design and engineering, are heavily software-
is protected by copyright law, but ideas and principles
based, so this ruling has ramifications across a broad
behind a software program is not subject to copyright.
swath of the economy.”
The court said, “To accept that the functionality of a computer programme and the programming language
A Clifford Chance partner, Thomas Vinje, who is also
can be protected by copyright would amount to making
a spokesman for ECIS the information technology
it possible to monopolise ideas, to the detriment of
lobby group said, “The Court of Justice has acted in
technological progress and industrial development.”
favour of innovation, consumers and fair competition, by ensuring that copyright protection in computer
Though the judgment came in relation to a dispute
programs is appropriately balanced and that
over software companies, the inherent principle can be
competitive and interoperable computer programs
extended to include the flow of development in almost
can continue to be developed without threat of legal
any industry sector. It allows companies to create
liability.”
competing products without breaching copyright rules. The ruling is in line with previous ruling in the EU Miranda Cole, a partner at the law firm of Covington
including the 2010 finding of the Court of England and
& Burling in Brussels told Reuters: “The court ruling
Wales on the issue.
has significant implications for interoperability because it confirms that software producers can use syntax,
The ECJ case was C-406/10, SAS Institute vs World
keywords and commands used in third party software
Programming Ltd.
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