Commentary

81 Observing, studying and testing computer programs

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

81 Observing, studying and testing computer programs

| Commentary

81 Observing, studying and testing computer programs

It is not an infringement of copyright for a lawful user of a copy of a computer program to observe, study or test the functioning of a computer program for the purposes of determining the ideas and principles underlying any element of the program—the lawful user must do this while either loading, displaying, running, transmitting or storing the program1.

In SAS Institute Inc v World Programming Ltd2, the ECJ was asked to rule on the question of whether the purpose of the study or observation of the functioning of a computer program has an

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