Reference Concerning the Software Directive Sent to the ECJ

In the recent case of SAS Institute Inc v World Programming Ltd [2010] EWHC 1829 (Ch), the High Court has provisionally ruled that World Programming Limited did not infringe copyright in software by developing a program which emulated its functionality. Mr Justice Arnold has, however, asked the European Court of Justice for clarification on his interpretation of the laws based on the EU's Software Directive (95/250/EEC).

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Background

The SAS Institute Inc ("SASI") software system is an integrated set of programs which enables users to perform a wide range of data-processing and statistical analysis tasks. At the core of the system is software which enables users to write and run applications written in SASI's language in order to manipulate their data. This software's functionality can be extended by using additional components but anyone wishing to run their existing applications or create new ones requires a licence to the SASI components.

World Programming Ltd ("WPL") developed the World Programming System ("WPS") which emulated much of the functionality of SASI's components and enabled former SASI users to execute programs written in SASI's language without continuing to pay SASI's licence fees. WPL also created a WPS...