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SAS Institute Inc v World Programming Ltd Case C-406/10

Case Summary  |  Judgment  |   2 May 2012

 

Martin Howe QC, Robert Onslow and Isabel Jamal acted for the defendant in Case C-406/10 SAS Institute Inc v World Programming Ltd [2012] 3 CMLR 4, where the Grand Chamber gave judgment answering questions about whether copyright in a computer program or in the manuals relating to it can prevent the replication of the functions performed by the program, and about the scope of the defence under Article 5(3) of Directive 91/250EEC which permits a lawful user of a computer program to investigate it to determine the ideas and principles which underlie its interface and methods of operation. The case was referred by Arnold J in SAS Institute Inc v World Programming Ltd [2010] EWHC 1829 (Ch) and he subsequently gave judgment dismissing the claims of infringement in [2013] EWHC 69 (Ch).