No copyright in functionality of computer program confirmed

SAS INSTITUTE v WORLD PROGRAMMING (CA) [2013]

The Court of Appeal (CA) has confirmed that copyright in a computer program does not protect its programming language or its functionality from being reproduced. This decision reiterates that it will be difficult to establish infringement of copyright in software programs without evidence of copying of the underlying source code. The key issues in question were (1) the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and (2) the materials that he may lawfully use for that purpose.

Facts:

Decision:

S’ appeals were dismissed by the CA. It found as follows:

Points to note:

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