First Circuit Lotus v. Borland decision supports interoperability.WASHINGTON--(BUSINESS WIRE)--March 10, 1995--The U.S. Court of Appeals for the First Circuit greatly advanced competition in the software industry yesterday by reversing Judge Robert Keeton's district court judgement in the bitterly contested software copyright case Lotus v. Borland. The appellate court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. reversed without remand on the grounds that the Lotus command hierarchy A command hierarchy is a group of people committed to carrying out orders "from the top", that is, of authority. It is part of a power structure: usually seen as the most vulnerable and also the most powerful part of it. was a method of operation under Section 102(b) of the Copyright Act, and therefore not protectable. A concurring opinion Noun 1. concurring opinion - an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning judgement, legal opinion, opinion, judgment - the legal document stating the reasons for a judicial decision; by Court of Appeals Judge Michael Boudin Michael Boudin (b. 1939) is the Chief Judge of the United States Court of Appeals for the First Circuit. Federal Judicial Service Prior to attaining his current judgeship, Boudin briefly served as a judge of the United States District Court for the District of Columbia. addressed the economic implications of the case, specifically discussing the decision's positive impact on software compatibility. This long-awaited opinion is consistent with findings in other appellate courts that have struggled to determine the proper scope of protection under copyright for computer programs, and sheds additional light on the elusive boundary between unprotectable idea and protectable expression. This decision provides greater legal certainty A test in Civil Procedure designed to establish that a complaint has met the minimum amount in controversy required for a court to have jurisdiction to hear the case. Under this test, if it is apparent from the face of the pleadings, to a "legal certainty" that the to industry competitors who design and develop original systems that are interoperable with the products of other vendors that have established de facto standards Hardware or software that is widely used, but not endorsed by a standards organization. Contrast with de jure standard. de facto standard - A widespread consensus on a particular product or protocol which has not been ratified by any official standards body, such as ISO, . "The decision is a triple victory," said Peter M.C. Choy, chairman of the American Committee for Interoperable Systems (ACIS), and deputy general counsel of Sun Microsystems Sun Microsystems, Inc. (NASDAQ: JAVA[3]) is an American vendor of computers, computer components, computer software, and information-technology services, founded on 24 February 1982. Inc. "It's a victory for end-users who will have a greater selection of products, a victory for companies who want to develop interoperable products, and a victory for the market because it promotes fair competition in the software industry." Choy further noted that the decision will make it more difficult for vendors to attempt to lock out competitors and lock in consumers by asserting proprietary rights in certain "building blocks" of software, such as programming languages, program interfaces, and the functional aspects of user interfaces. In December 1993, ACIS filed an amicus brief in the case arguing for the reversal of Judge Keeton's opinion. ACIS is an organization of more than 30 computer software and hardware companies. The organization supports principles of intellectual property law that provide a balance between rewards for innovation and the belief that computer programs developed by different vendors must be able to communicate fully with each other. This ability of systems to communicate is termed "interoperability." ACIS members include: Advanced Micro Devices; Amdahl Corp.; AT&T Global Information Solutions; Broderbund Software Inc.; Bull HN Information Systems Inc.; Seagate Technology (company) Seagate Technology - A major manufacturer of hard disk drives, founded in 1979 as "Shugart Technology" by Alan F. Shugart and Finis Conner. That name is on the original patents for the 5.25" hard disk drive. Corp.; the Software Forum, Storage Technology Corp.; Sun Microsystems Inc.; 3Com Corp. For more information about ACIS, you can access the group's World Wide Web homepage at http://www.sun.com/ACIS/ CONTACT: American Committee for Interoperable Systems, Washington Christine Owens, 202/326-7521 |
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