We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
It is a fundamental feature of copyright law that it protects
only original expression, not ideas. Applied to software,
the law of copyright tells us that certain elements of a computer
program are not protectable by copyright. For example, purely
functional elements such as the structure of a library, or
database, or elements dictated by the operating system, can fall
outside the scope of copyright protection, since those elements
lack the originality necessary for copyright.
In Tetris Holding LLC v. Xio Interactive, Inc.,
an app developer was found to have infringed copyright in the
famous Tetris game. The puzzle game Mino
was, by the defendant's own admission, inspired by
Tetris. However, the defendant maintained that it only
copied unprotected elements, a conclusion that the developer
reached after researching copyright law. The court did not agree.
After an exhaustive review of the idea-expression dichotomy
(40-pages worth of anaylsis, if you want to read more), the court
decided that Mino did infringe the protectable "look
and feel" of Tetris. According to this case, you
shouldn't assume that expression is unprotectible merely
because it is related to a game rule or game function.
UPDATE: In the Oracle v Google case (see our
earlier coverage
here), the judge decided that APIs in this case were not
eligible for copyright protection. This amounts to a complete loss
for Oracle in its suit against Google for infringement of the Java
APIs used in Google's Android software. This case is expected to go up to appeal.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
In a cautionary tale to be heeded by patent drafters, the Supreme Court of Canada held that Pfizer’s patent directed to sildenafil, better known as Viagra, is invalid.
The recent decision in Overstock v. New York Taxation and Finance paved the way for an interesting conclusion on the taxing power of New York State - and by extension, the sales tax that may be applied to many online sales, including sales by Canadian online business into the US market.
In Pelchat v. Zone 3 Inc., 2013 QCCS 78, a Quebec court decision has addressed the dichotomy between the idea for a TV show, and the "form and expression" of ideas, as embodied in a TV show.
The Patent Prosecution Highway (PPH) program has been a phenomenal success in Canada and has positioned the country as a highly cost-effective jurisdiction in which to procure patent protection with speed and efficacy.
The advantages of trade-mark registration are self-evident for both franchisors and their franchisees who are licensees of the mark, and should be considered a mandatory first step on the road to franchising a business.
Canada, China And Copyright Law (Presentation)
