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ARTICLE · 07 FEBRUARY 2013

Court Confirms Scope Of Software Copyright

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In dismissing a number of claims of copyright infringement, the UK High Court has clarified the extent of copyright protection for software.

United KingdomIntellectual Property
Emily Parris
Emily Parris

The UK High Court has dismissed a number of claims of copyright infringement brought by a leading software supplier against a rival developer, and in doing so, has clarified the extent of copyright protection for software.

In a judgment issued on Friday morning, the English High Court confirmed that copyright in a computer program:

  • Does not protect the functionality of the computer program from being copied

  • Does not prevent others from using the same programming language

  • Does not protect data file formats (interfaces).

The judgment also clarifies the right for software licensees to observe, study and test the functioning of a program in order to determine its underlying ideas and principles. This right over-rides anything in the software licence restricting the purpose for which the licensee may use the software.   For example, a restriction against "commercial use" of the software is void, even if the licensee

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