Content deleted Content added
m Small grammatical edit |
m http://angryflower.com/bobsqu.gif |
||
Line 7:
== High Court of England and Wales ==
The [[High Court of England and Wales]] made the following observations in
: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).
Line 20:
First, the decision 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. WPL's manual writers did not directly copy from the SAS Manuals in the sense of having one of the SAS Manuals open in front of them when writing the WPS Manual and intentionally either transcribing or [[Paraphrasing of copyrighted material|paraphrasing]] the wording. A considerable degree of similarity in both content and language between the SAS Manual entries and the WPS Manual entries is to be expected given that they are describing identical functionality. The degree of resemblance in the language goes beyond that which is attributable to describing identical functionality.
After referring certain questions<ref>[http://www.bailii.org/ew/cases/EWHC/Ch/2013/69.html#para6 Qusetions referred to the CJEU]</ref> to the Court of Justice of the European Union, the HIgh Court provided
:82. For the reasons given above, I dismiss all of SAS Institute's claims except for its claim in respect of the WPS Manual. That claim succeeds to the extent indicated in my first judgment, but no further.<ref>[http://www.bailii.org/ew/cases/EWHC/Ch/2013/69.html#para82 Judges Final Statement</ref>
Line 36:
:3. Article 2(a) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that the reproduction, in a computer program or a user manual for that program, of certain elements described in the user manual for another computer program protected by copyright is capable of constituting an infringement of the copyright in the latter manual if – this being a matter for the national court to ascertain – that reproduction constitutes the expression of the intellectual creation of the author of the user manual for the computer program protected by copyright.
The case returned to the High Court of England and Wales which provided
== Additional US lawsuit==
| |||