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Copyright protects the code of a computer program not its functionality or the ideas underlying the software
  • Dorsey & Whitney LLP
  • United Kingdom, European Union
  • May 15 2012

According to the recent decision of the Court of Justice of the European Union (“ECJ”) in SAS Institute Inc. (“SAS Institute”) v World Programming Ltd (“WPL”), the defendant did not infringe the claimant’s copyright by effectively reverse engineering the SAS software and writing a new program closely emulating the functionality of the SAS software.