Navitaire Inc v Easyjet Airline Co. & Anor

Navitaire Inc v Easyjet Airline Co. & Anor

Copyright does not subsist in the user command set, screen layouts (except for certain GUI screens and icons), or database schemas of OpenRes as literary or artistic works. Non-textual copying of the user interface, commands, or business logic does not infringe copyright where there is no copying of source code or substantial part of a protectable work. The only infringement found was in the copying of certain GUI screens, icons, and unauthorised modifications to the TakeFlight module, and in limited respects concerning the process of migrating data and supply of certain database extracts.

Parties
Claimant: Navitaire Inc; First Defendant: easyJet Airline Company; Second Defendant: BulletProof Technologies Inc
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Copyright Infringement (computer Software) / High Court Judgment (first Instance)
Outcome
Claim dismissed except for limited findings of infringement.
Legal Topics
Copyright in Computer Programs, Non Textual Copying, Database Rights, User Interface Protection, Software Directives
Intellectual Property Copyright Law Information Technology Copyright in Computer Programs Non Textual Copying Database Rights User Interface Protection Software Directives

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Navitaire Inc

Claimant

easyJet Airline Company

First Defendant

BulletProof Technologies Inc

Second Defendant

Procedural Posture

Copyright Infringement (computer Software) / High Court Judgment (first Instance)

Legal Issues

  1. 1 Does copyright subsist in user command sets, screen layouts, and database schemas of computer software?
  2. 2 Is 'non-textual copying' of software functionality or user interface an infringement of copyright?
  3. 3 Were there infringements in the migration of data and modification of supplied software?

Ratio Decidendi

Copyright does not subsist in the user command set, screen layouts (except for certain GUI screens and icons), or database schemas of OpenRes as literary or artistic works. Non-textual copying of the user interface, commands, or business logic does not infringe copyright where there is no copying of source code or substantial part of a protectable work. The only infringement found was in the copying of certain GUI screens, icons, and unauthorised modifications to the TakeFlight module, and in limited respects concerning the process of migrating data and supply of certain database extracts.

Court Disposition

Claim dismissed except for limited findings of infringement.

Orders

  • Claim dismissed except for infringement in copying certain GUI screens and icons, unauthorised modifications to TakeFlight, and limited database migration acts.
  • Navitaire entitled to relief for unauthorised alterations to TakeFlight and copying of certain GUI screens and icons.