EU: programming languages and APIs can't be copyrightable
- From: Rui Maciel <rui.maciel@xxxxxxxxx>
- Date: Thu, 03 May 2012 09:50:13 +0100
court of justice of the EU: The functionality of a computer program and the
programming language cannot be protected by copyright
The purchaser of a licence for a program is entitled, as a rule, to observe,
study or test its functioning so as to determine the ideas and principles
which underlie that program
press release at:
http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-05/cp120053en.pdf
Excerpts:
- On the basis of those considerations, the Court holds that neither the
functionality of a computer program nor the programming language and the
format of data files used in a computer program in order to exploit certain
of its functions constitute a form of expression. Accordingly, they do not
enjoy copyright protection.
- To accept that the functionality of a computer program can be protected by
copyright would amount to making it possible to monopolise ideas, to the
detriment of technological progress and industrial development.
So, what are your thoughts on this ruling?
Rui Maciel
.
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