SAS Institute Inc v World Programming Ltd

SAS Institute Inc v World Programming Ltd

On the current state of UK and EU law, copyright in computer programs does not protect programming languages, interfaces, or functionality from being copied, provided there is no copying of source code or design. Use of manuals to replicate functionality or for interoperability does not infringe copyright in the manuals if only unprotectable ideas, procedures, or methods are taken. However, substantial reproduction of the language of the manuals in new documentation may infringe. Contractual restrictions on observing, studying, or testing software are void if contrary to EU law. The case raises questions of EU law that require reference to the ECJ.

Parties
Claimant: S SAS Institute Inc.; Defendant: World Programming Limited
Jurisdiction
England and Wales
Judgment Date
23 July 2010
Procedural Posture
Civil (copyright, Contract) / First Instance Judgment, Post Trial, With Reference to ECJ Pending
Outcome
Partially allowed; reference to ECJ ordered; interim findings made.
Legal Topics
Copyright in Computer Programs, Copyright in Manuals, Functionality and Interfaces, Programming Languages, Fair Dealing for Criticism or Review, Interpretation of EU Directives, Breach of Software Licence
Intellectual Property Copyright Law Contract Law European Union Law Copyright in Computer Programs Copyright in Manuals Functionality and Interfaces Programming Languages +3 more

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Parties

S SAS Institute Inc.

Claimant

World Programming Limited

Defendant

Procedural Posture

Civil (copyright, Contract) / First Instance Judgment, Post Trial, With Reference to ECJ Pending

Legal Issues

  1. 1 Does copyright in computer programs protect programming languages, interfaces, and functionality?
  2. 2 Does the reproduction of manuals or their content in source code or documentation infringe copyright?
  3. 3 What is the scope of fair dealing for criticism or review?

Ratio Decidendi

On the current state of UK and EU law, copyright in computer programs does not protect programming languages, interfaces, or functionality from being copied, provided there is no copying of source code or design. Use of manuals to replicate functionality or for interoperability does not infringe copyright in the manuals if only unprotectable ideas, procedures, or methods are taken. However, substantial reproduction of the language of the manuals in new documentation may infringe. Contractual restrictions on observing, studying, or testing software are void if contrary to EU law. The case raises questions of EU law that require reference to the ECJ.

Court Disposition

Partially allowed; reference to ECJ ordered; interim findings made.

Orders

  • Questions to be referred to the European Court of Justice for preliminary ruling on interpretation of Articles 1(2) and 5(3) of the Software Directive and Article 2(a) of the Information Society Directive.
  • Further argument to be heard on the precise formulation of reference questions.