The Past, Present and Future of Software Copyright Interoperability Rules in the European Union and United States

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Citation: Pamela Samuelson (2010/04/02) The Past, Present and Future of Software Copyright Interoperability Rules in the European Union and United States. European Intellectual Property Review (RSS)
Internet Archive Scholar (search for fulltext): The Past, Present and Future of Software Copyright Interoperability Rules in the European Union and United States
Download: http://ssrn.com/abstract=2170550
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Summary

EU and US converged on two important items:

  • software interfaces necessary for interoperability may not be restricted by copyright
  • reverse engineering to discover interfaces permitted as necessary for interoperability

History recounted as in author's The Strange Odyssey of Software Interfaces and Intellectual Property Law, additionally noting European context, eg:

  • formation of European Committee for Interoperable Systems to persuade EC that no copyright on interfaces critical to competition and innovation
  • EU Software Directive without categorically denying that interfaces subject to copyright, is pro-interoperability

Concludes with discussion of SAS vs World Programming Ltd, which UK High Court had found in favor of interoperability (WPL had reverse engineered a SAS program to interoperate with it), at the time yet to be ruled on by the EU Court of Justice.


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