Re[2]: Copyright Protection for Programming Languages

From: <Jordan_Breslow[_at_]ccmail.geoworks.com>
Date: Wed, 14 Dec 94 09:46:27 PST

I, too, would like to know what cases squarely hold that languages are protectable. Here's a very quick summary of what I've found so far:

   Lotus v. Paperback: Judge Keeton says in dicta that languages may be    copyrightable;

   Lotus v. Borland: command structure protected;

   Ashton Tate v. Ross: list of possible user commands is unprotected    idea;

   Secure Services Technology v. Time and Space: fax machine protocols    not protected;

   CMAX/Cleveland, Inc. v. UCR, Inc.: transaction codes (e.g., NC for    New Client) protected;

   Autoskill v. National Educational Support Systems: vowel and    consonant combinations not protected b/c dictated by reading in    English;

   ConsulTec v. Interface Systems: compilation of commands, command line    syntax and status message codes protected;

   Arica Institute v. Palmer: words used as labels not protected (words    and short phrases rule)

Also, Pam Samuelson of Univ. of Pittsburgh Law School <psa2[_at_]vms.cis.pitt.edu> was kind enough to refer to me the following:

     "Richard Stern wrote one article on this subject; Emory Law 
     Review  (oops, make that Journal) 
     published a note on the subject as 
     well." 

After I have a chance to dig out those articles, I'll post a summary to this email group.    

   Jordan Breslow
   General Counsel, Geoworks
   jordan[_at_]geoworks.com

---

> >Dale Debber writes:
> >
> >There are several cases on the protection of languages.
>
> [snip]
>
> >Microsoft claims protection for its language as do others. I
> >believe that they are correct and can make it stick.
>
>
> **************
>
> What cases find languages to be copyrightable? The only ones I am
> aware of that even suggest it are Lotus v. Paperback and Lotus v.
> Borland, both decided by Judge Keeton in the District of Massachusetts.
> The decisions are controversial, to say the least, and Lotus v. Borland
> is on appeal now.
>
> Mark Lemley
> Assistant Professor
> University of Texas School of Law
> mlemley[_at_]mail.law.utexas.edu
Received on Wed Dec 14 1994 - 17:55:00 GMT