Intellectual Property Rights

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31 Οκτ 2013 (πριν από 4 χρόνια και 12 μέρες)

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© Frak Bott and Aberystwyth University

1

Intellectual Property Rights

Some software copyright cases

20
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Feb
-
2011

© Frak Bott and Aberystwyth University

2

Oroyan

and
Perreira

(Hawaii)

Selling modified X
-
boxes preloaded with pirated
games and videos.

Perreira

sentenced to four months
imprisonment, four months of home
confinement and three years of supervised
release, on a charge of criminal copyright
infringement.


http://www.justice.gov/criminal/cybercrime/perreiraSent.html

20
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Feb
-
2011

CA
v.
Rocket Software


complaint filed on 1 August 2007 in US District
Court in New York;


CA claimed $200 million for alleged infringement
of copyright in its tools for IBM DB2 users;


alleged that programmers working for CA were
recruited by Rocket and took copies of the
software with them, which were used in the
development of Rocket’s competing products.

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2011

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© Frak Bott and Aberystwyth University


settled out of court with Rocket agreeing to
license the copyright from CA, although not
admitting fault.


http://www.ca.com/files/inthenews/spatt_ruli
ng.pdf


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Feb
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2011

4

© Frak Bott and Aberystwyth University

© Frak Bott and Aberystwyth University

5

Navitaire

Inc v
easyJet

Airline Company and
Bulletproof

Technologies Inc. England and Wales High Court, 30
July 2004

easyJet

were dissatisfied with the
OpenRes

ticketless seat booking system that it had bought
from
Navitaire
;

easyJet

commissioned Bulletproof to produce a
new system with the same functionality and
user interface;

Navitaire

sued
easyJet

and Bulletproof for
breach of copyright.



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2011

© Frak Bott and Aberystwyth University

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Specific instances in which it was claimed that
Navitaire’s

copyright was infringed


user keyboard commands


screen layouts and icons


business logic


database structure


copying of the
OpenRes

database for the
purpose of migrating the data.


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Feb
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2011

© Frak Bott and Aberystwyth University

7

Navitaire

v.
easyJet

references


http://rpc.oxfordjournals.org/content/123/4
-
6/111.full.pdf+html

(only from on campus)


http://www.twobirds.com/English/News/Articles/Pages/Soft
ware_copyright_infringement_claims.aspx


20
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Feb
-
2011

SAS Institute Inc v. World Programming Ltd,
EWHC (Chancery Division), 23 July 2010


SAS is a world leader in data analysis and
statistical processing software, through its SAS
system.


WPL developed a system with the same
functionality and interfaces, which it started
to sell in competition to SAS. There was no
suggestion that the code was copied.


Described as a David against Goliath case.

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Feb
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2011

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© Frak Bott and Aberystwyth University

SAS alleged that


WPL had copied the manuals for the SAS System and thereby
infringed the copyright in the SAS Manuals.


By copying the SAS manuals, WPL had indirectly copied the
programs thereby infringing the copyright in them.


WPL had used a version of the SAS System known as the Learning
Edition in contravention of the terms of its licences, and thereby
both acted in breach of the relevant contracts and infringed the
copyright in the Learning Edition.


WPL had infringed the copyright in the SAS Manuals in creating its
own documentation.


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2011

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© Frak Bott and Aberystwyth University


Although, it found some infringements and agreed with SAS over
the breach of contract, the court dismissed the important parts of
the SAS claim.


However, the judge referred several issues to the European Court of
Justice for clarification:


Does copyright in computer programs protect programming languages
from being copied?


Does copyright in computer programs protect interfaces from being
copied where this can be achieved without decompiling the object
code?


Does copyright in computer programs protect the functions of the
programs from being copied?


http://www.bailii.org/ew/cases/EWHC/Ch/2010/1829.html


http://www.technollama.co.uk/landmark
-
software
-
copyright
-
case



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© Frak Bott and Aberystwyth University


Cantor Fitzgerald International V Tradition (UK) Ltd and others

EWHC High Court, Chancery Division, 15 April 1999



Staff from the claimant had been recruited by the
defendant to write a system similar to the one
they had been writing for the defendant.


They had taken source code and other material
with them. Some of this was directly copied and
some was used in other ways.


The claimant alleged copyright infringement and
breach of confidence.


www.humphreys.co.uk/articles/software_1.htm


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Feb
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2011

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© Frak Bott and Aberystwyth University