SAS Institute Inc v World Programming Ltd

SAS Institute Inc v World Programming Ltd

Replication of the functionality of a computer program, even by using manuals as a specification, does not infringe copyright in the manuals or the program, as functionality and related elements are unprotectable ideas, not expressions. Only the expression of the intellectual creation of the manual's author is protected, not the underlying ideas or functionality. Contractual restrictions on observation, study, and testing of software are void to the extent they conflict with Article 5(3) of the Software Directive.

Parties
Appellant: S SAS Institute Inc; Respondent: World Programming Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2013
Procedural Posture
Civil Appeal / Appeal From High Court, Chancery Division
Outcome
Appeal dismissed
Legal Topics
Copyright in Computer Programs, Copyright in Manuals, Ideas Vs Expression Dichotomy, Software Directive Interpretation, Information Society Directive Interpretation, Breach of Software Licence
Intellectual Property Copyright Law Contract Law Copyright in Computer Programs Copyright in Manuals Ideas Vs Expression Dichotomy Software Directive Interpretation Information Society Directive Interpretation +1 more

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Parties

S SAS Institute Inc

Appellant

World Programming Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Chancery Division

Legal Issues

  1. 1 Whether replication of software functionality infringes copyright in manuals or programs
  2. 2 Whether use of manuals as specification for new software infringes copyright
  3. 3 Whether contractual restrictions on software use are void under EU law

Ratio Decidendi

Replication of the functionality of a computer program, even by using manuals as a specification, does not infringe copyright in the manuals or the program, as functionality and related elements are unprotectable ideas, not expressions. Only the expression of the intellectual creation of the manual's author is protected, not the underlying ideas or functionality. Contractual restrictions on observation, study, and testing of software are void to the extent they conflict with Article 5(3) of the Software Directive.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in relation to Manual to Program Claim
  • Appeal dismissed in relation to Manual to Manual Claim except for limited linguistic copying already found by trial judge