[A2k] Court of Justice Advocate General opinion today favors interoperability - REMINDER: ECIS seminar on SAS/WPL - 1 December

European Committee for Interoperable Systems (ECIS) info at ecis.eu
Tue Nov 29 02:57:19 PST 2011


*COURT OF JUSTICE ADVOCATE GENERAL OPINION:*

* *

*COMPUTER PROGRAM FUNCTIONALITY AND PROGRAMMING LANGUAGES CANNOT BE
PROTECTED BY COPYRIGHT*

* *

*Seminar on 1 December at 16 00 at the Solvay Library in Brussels to
discuss the case*





Court of Justice Advocate General Yves Bot today delivered his Opinion on  *SAS
Institute Inc. (SAS)  v. World Programming Ltd (WPL), *case C-406/10,
favouring interoperability and rejecting SAS's arguments.



The case will be discussed in depth by some of the world's top experts on
copyright at the ECIS seminar on Thursday, 1 December, in Brussels. Details
are at the bottom of this email.



Bot answered the three big questions raised by the case and the answers
favoured interoperability, just as a British court had done last year.



First, Bot said computer program functionality is not protected by
copyright, because otherwise it "would amount to making it possible to
monopolise ideas."



Second, Bot said programming languages are not protected by copyright.



Finally, Bot said that a licensed user of a program can generally write
code to connect to a rival program, even without the permission of the
holder of the copyright.



A full 13-member Grand Chamber of the Court of Justice will now reach a
decision taking into account Bot's opinion. However, the decision of the
full court may not follow the A-G's opinion. The decision may be handed
down some time in 2012.



The Opinion and the press release are attached.





*Reminder:*



*The Copyright Challenge to the European software industry*



*Brussels, Thursday 1 December 2011, 4 pm @ Solvay Library*

* *

*European Committee for Interoperable Systems (ECIS)*


   - World copyright scholars debate a pending Court of Justice of the
   European Union case dealing with the core issues of software copyright
   related to interoperability
   - The *SAS v WPL *case might well end up being the software copyright
   case of the century for Europe
   - Speakers and panellists include UC Berkeley Professor
   Pamela Samuelson, and Cambridge University Professor William Cornish, and
   others
   - Closing remarks by Cecilio Madero, DG COMP Deputy Director General for
   antitrust
   - Celebrate the 21st anniversary of the European Committee for
   Interoperable Systems (ECIS) at a champagne reception following

* *

*Agenda*:



16.00     Welcome by ECIS President and Chairman, Simon Awde

16.15     Keynote speech by Professor Pamela Samuelson

16.45     Panel discussion – Professor William Cornish, Simon Malynicz,
Alain Strowel, and Thomas Vinje.  *Moderator:  *Duncan Lumsden

17.30     Interventions from the floor

18.00     Closing remarks by Deputy Director-General for Antitrust, DG
Competition, Cecilio Madero

18.15     Champagne reception


Please *RSVP* to info at ecis.eu <ecis.euinfo at ecis.eu> or telephone Meg Blair
Gajda at  +32 (0)2 533 5065.

-- 
Best regards,

ECIS Secretariat


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