Form and Function Not Copyright


Category: Commercial

A recent ruling by the Court of Justice of the European Union in relation to a claim of breach of copyright of a software package has confirmed that:

  • creation of software that emulates the functionality or 'look and feel' of another software package is not a breach of copyright;
  • the observation or testing of a program to ascertain principles of operation behind it without deconstructing the code used is not a breach of copyright; but
  • copying sections of the user manual of a piece of software is a breach of copyright.

If you have concerns about the protection of your intellectual property, contact us. 

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