Navitaire Inc v Easyjet Airline Co. & Anor [2004] EWHC 1725 (Ch) (30 July 2004)

Navitaire Inc v Easyjet Airline Co. & Anor [2004] EWHC 1725 (Ch) (30 July 2004)

Copyright does not subsist in the user commands, screen layouts, or database schema of the OpenRes system as such, as these are not original literary works or compilations but are dictated by function, industry practice, or lack sufficient originality. Non-textual copying of the look and feel, behaviour, or command structure of software does not infringe copyright unless there is copying of protected expression. The only actionable infringement found was the unauthorised copying and modification of the TakeFlight module, which was supplied in source code form and protected as a literary work under the licence terms.

Citation
[2004] EWHC 1725 (Ch)
Parties
Claimant: Navitaire Inc; Defendant: easyJet Airline Company; Defendant: BulletProof Technologies Inc
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Copyright Infringement Action / High Court Trial Judgment
Outcome
Claim dismissed in respect of user commands, screen layouts, and database schema; limited finding of infringement in respect of TakeFlight module.
Legal Topics
Copyright in Computer Software, Non Textual Copying, User Interface Copyright, Database Schema Copyright, Software Licensing
Intellectual Property Copyright Law Information Technology Copyright in Computer Software Non Textual Copying User Interface Copyright Database Schema Copyright Software Licensing

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Parties

Navitaire Inc

Claimant

easyJet Airline Company

Defendant

BulletProof Technologies Inc

Defendant

Procedural Posture

Copyright Infringement Action / High Court Trial Judgment

Legal Issues

  1. 1 Whether copyright subsists in user commands, screen layouts, and database schemas of OpenRes system
  2. 2 Whether 'non-textual copying' of user interface, commands, and screen layouts constitutes copyright infringement
  3. 3 Whether copying of database schema or interim copying during migration infringes copyright

Ratio Decidendi

Copyright does not subsist in the user commands, screen layouts, or database schema of the OpenRes system as such, as these are not original literary works or compilations but are dictated by function, industry practice, or lack sufficient originality. Non-textual copying of the look and feel, behaviour, or command structure of software does not infringe copyright unless there is copying of protected expression. The only actionable infringement found was the unauthorised copying and modification of the TakeFlight module, which was supplied in source code form and protected as a literary work under the licence terms.

Court Disposition

Claim dismissed in respect of user commands, screen layouts, and database schema; limited finding of infringement in respect of TakeFlight module.

Orders

  • Claim for copyright infringement in user commands, screen layouts, and database schema dismissed.
  • Defendants found to have infringed copyright in TakeFlight module by unauthorised copying and modification.