Structure, sequence and organization: Difference between revisions

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Whelan Assocs., Inc. v. Jaslow Dental Laboratory, Inc. was a landmark case in defining principles that applied to copyright of computer software.{{sfn|Graham|1999|p=88}}

Whelan had developed software for Jaslow to manage the operations of a dental laboratory, and later took it to market under the trade name ''Dentalab''.

Jaslow wasbecame engaged in selling the ''Dentalab'' software.{{sfn|Kappel|1991|p=704}}

He later formed a new company named Dentcom and wrote a program in a different computer language but with similar functionality that he called ''Dentlab'', marketing it as a ''Dentalab'' successor. Whelan filed a suit in federal court in Pennsylvania alleging that the ''Dentlab'' software violated Whelan's copyrights in the ''Dentalab'' software.

Whelan won the case and was awarded damages on the basis that ''Dentlab'' had substantially similar structure and overall organization.{{sfn|Graham|1999|p=89}}

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Jaslow appealed the decision.

The Court of Appeals for the Third Circuit noted that computer programs are literary works under U.S. law.{{sfn|Hansen|2006|p=170}}

The court reasoned that with literary works a non-literal element is protected to the extent that it is an expression of an idea rather than the idea itself. By analogy, the purpose or function of a software work would be the work's "idea", while everything not necessary to that purpose or function would be part of the expression of the idea. The expression would be protected, butalthough the basic purpose or function would not.{{sfn|Kappel|1991|p=704}}

On this basis the Court of Appeals upheld the district court's ruling of copyright violation due to similarity of SSO.{{sfn|Graham|1999|p=91}}