SAS Institute lawsuit with World Programming: Difference between revisions

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The SAS Institute, creators of [[SAS System]] filed a '''lawsuit against World Programming Limited''', creators of [[World Programming System|World Programming System or WPS]]. The dispute was whether World Programming had infringed copyrights on SAS Institute Products, and Manuals and whether World Programming used SAS Learning Edition to reverse engineer SAS system in violation with its term of usage.
 
The [[High Court of England and Wales]] made the following observations: and a copy can be obtained at
[http://www.bailii.org/ew/cases/EWHC/Ch/2010/1829.html#para332 Judgement ]
 
 
ix) On the interpretation of Article 5(3) which I favour, WPL's use of the Learning Edition is within Article 5(3), and to the extent that the licence terms prevent this they are null and void, with the result that none of WPL's acts complained of was a breach of contract or an infringement of copyright except perhaps one (see paragraphs 313-315 above).
 
x) WPL has infringed the copyrights in the SAS Manuals by substantially reproducing them in the WPL Manual (see paragraphs 317-319 above).
 
xi) WPL has not infringed the copyrights in the SAS Manuals by producing the WPS Guides (see paragraphs 320-329 above).
 
but the most important part was in the conclusion
 
iv) On the assumption that Pumfrey J's interpretation of Article 1(2) of the Software Directive was correct, WPL has not infringed SAS Institute's copyrights in the SAS Components by producing WPS (see paragraphs 245-250 above).
 
:
* SAS can be considered a general programming language, though it serves largely as a database [[SAS programming language|programming language]] and a language with a wide variety of specialized analytic and graphic procedures
* First, it confirms what WPL has always admitted, namely that it has used the SAS Manuals to emulate functionality of the SAS System in WPS. Secondly, it shows that to some extent WPL has reproduced aspects of the SAS Manuals going beyond that which was strictly necessary in order for WPS to emulate the functions of the SAS System. What it does not show is reproduction of the SAS source code by WPS going beyond the reproduction of its functionality.
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*[http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d0f130de82a77d2247f54418827c974b27e0ac40.e34KaxiLc3eQc40LaxqMbN4NchmOe0?docid=115484&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&cid=14287 ECIS Judgement on the Case]
 
== Additional US Lawsuit==
 
The US case filed by SAS Institute against WPS was dismissed
 
SAS INSTITUTE INC.,
 
Plaintiff,
 
v.
 
WORLD PROGRAMMING LIMITED,
 
Defendant.
 
 
In their briefing, the parties have raised for the court’s consideration a variety of interesting
 
and complex questions of law. But after considering the able arguments of counsel for both sides,
 
the court is unable to conclude that it clearly erred in dismissing this action on for forum non
 
conveniens. As such, and for the reasons set forth more particularly above, plaintiff’s motion to
 
alter or amend judgment pursuant to Rule 59(e) (DE # 53) is DENIED.
 
SO ORDERED, this the 22nd day of June, 2011.
 
[http://law.justia.com/cases/federal/district-courts/north-carolina/ncedce/5:2010cv00025/104187/63/ US Case by SAS Against WPS]
 
 
 
== Interpretation of Judgement ==
 
 
WPS is a legally produced software and has no outstanding legal liabilities pending from SAS Institute.
 
It has a right to sell this software commercially and provide support for it.
 
== External links ==