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2012-5 E.C.R. 1 (2012)

handle is hein.intyb/rcbjcofi0336 and id is 1 raw text is: 





ZCVRLA


Reports of Cases


     Case C-406/10

     SAS Institute Inc.
            V
World Programming Ltd


(Reference for a preliminary ruling from the la High Court of Justice of England and Wales (Chancery
                                            Division))


     (Intellectual property - Directive 91/250/EEC - Legal protection of computer programs -
     Articles 1(2) and 5(3) - Scope of protection - Creation directly or via another process -
  Computer program protected by copyright - Reproduction of the functions by a second program
without access to the source code of the first program - Decompilation of the object code of the first
    computer program - Directive 2001/29/EC - Copyright and related rights in the information
society - Article 2(a) - User manual for a computer program - Reproduction in another computer
program - Infringement of copyright - Condition - Expression of the intellectual creation of the
                                   author of the user manual)


                                   Summary of the Judgment


1.  Approximation of laws - Copyright and related rights - Directive 91/250
    computer programs - Scope - Form of expression of a computer program -

    (Council Directive 91/250, Art. 1(2))


- Legal protection of
Concept


2. Approximation of laws
    computer programs -
    computer program


- Copyright and related rights
Exceptions to the restricted acts


- Directive 91/250 - Legal protection of
Person having a right to use a copy of a


     (Council Directive 91/250, Art. 5(3))

3.  Approximation of laws - Copyright and related rights - Directive 2001/29 - Harmonisation of
    certain aspects of copyright and related rights in the information society - Reproduction right-
    User manual for a computer program

    (European Parliament and Council Directive 2001/29, Art. 2(a))

1. Article 1(2) of Directive 91/250 on the legal protection of computer programs must be interpreted
as meaning that neither the functionality of a computer program nor the programming language and
the format of data files used in a computer program in order to exploit certain of its functions
constitute a form of expression of that program and, as such, are not protected by copyright in
computer programs for the purposes of that directive.


ECLI:EU:C:2012:259

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