SAS Institute Inc v World Programming Ltd (Intellectual property) [2012] EUECJ C-406/10 (02 May 2012)

SAS Institute Inc v World Programming Ltd (Intellectual property) [2012] EUECJ C-406/10 (02 May 2012)

The functionality of a computer program, its programming language, and data file formats do not constitute a form of expression and are not protected by copyright under Directive 91/250/EEC. A licensee may observe, study, or test a program to determine its ideas and principles if within the licence and without infringing exclusive rights. Reproduction of elements from a user manual may infringe copyright only if it constitutes the expression of the author's intellectual creation.

Citation
[2012] EUECJ C-406/10
Parties
Applicant: SAS Institute Inc.; Respondent: World Programming Ltd
Jurisdiction
European Union
Judgment Date
02 May 2012
Procedural Posture
Reference for Preliminary Ruling / Judgment of the Court of Justice of the European Union (grand Chamber)
Outcome
Preliminary ruling issued; interpretation of EU law provided; matter remitted to national court for application.
Legal Topics
Copyright Protection of Computer Programs, Expression Vs. Ideas in Copyright, Software Interoperability, User Manuals and Copyright, Scope of Copyright Exceptions
Intellectual Property Copyright Law European Union Law Copyright Protection of Computer Programs Expression Vs. Ideas in Copyright Software Interoperability User Manuals and Copyright Scope of Copyright Exceptions

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Parties

SAS Institute Inc.

Applicant

World Programming Ltd

Respondent

Procedural Posture

Reference for Preliminary Ruling / Judgment of the Court of Justice of the European Union (grand Chamber)

Legal Issues

  1. 1 Whether the functionality, programming language, and data file formats of a computer program are protected by copyright under Directive 91/250/EEC.
  2. 2 Whether a licensee may observe, study, or test a computer program to determine its underlying ideas and principles under Article 5(3) of Directive 91/250/EEC.
  3. 3 Whether reproduction of elements from a user manual for a computer program constitutes copyright infringement under Article 2(a) of Directive 2001/29/EC.

Ratio Decidendi

The functionality of a computer program, its programming language, and data file formats do not constitute a form of expression and are not protected by copyright under Directive 91/250/EEC. A licensee may observe, study, or test a program to determine its ideas and principles if within the licence and without infringing exclusive rights. Reproduction of elements from a user manual may infringe copyright only if it constitutes the expression of the author's intellectual creation.

Court Disposition

Preliminary ruling issued; interpretation of EU law provided; matter remitted to national court for application.

Orders

  • Article 1(2) of Directive 91/250/EEC: Functionality, programming language, and data file formats are not protected as expressions by copyright.
  • Article 5(3) of Directive 91/250/EEC: Licensee may observe, study, or test a program to determine ideas and principles if within licence and without infringing exclusive rights.