Court Rejects Copyright Protection For Computer Program Found Lacking Originality

A recent decision from the United States District Court for the Eastern District of Kentucky provides important guidance about the amount of creativity required to support copyright in a computer program and the nature of fair use in the context of interoperability. The court held that certain Lexmark software programs were not protected by copyright and that the use of those programs to achieve interoperability between devices was a protected "fair use." Static Control Components, Inc. et al v. Lexmark International Inc., Case No. 5:04-cv-00084-GFVT (E. D. Ky., Apr. 18, 2007) (Van Tatenhove, J.).

Lexmark obtained copyrights on small programs that were used to measure toner in certain Lexmark printer cartridges. The binary code of these programs served as a lock-out code for the intended printers (i.e., if the printer could not read the specific combination of binary numbers from the inserted printer cartridge, the printer would not function).