Regarding SAS v WPL: This is good, suggestive case law for the point at issue, but I don't think it is dispositive. It clearly protects reverse engineering a file format or programming system. But this is the part that I am still nervous about:
The CJEU pointed out that if a third party procured the part of the source > or object code of the program relating to the format of data files and used > it to create similar elements in its own program, copyright may subsist in > that part of the code (with the implication that there is a risk of > copyright infringement in that code). In the UK High Court there was > insufficient evidence to demonstrate that WPL had access to the SAS source > code to decompile it. > In an open source case, it would look more like Oracle v. Google: there would be access to the source code and possible direct copying. The CJEU made clear that was a distinguishable point. Thanks, Van
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