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© Crown Copyright
NAVITAIRE INC v EASYJET AIRLINE CO LTD
(Pumfrey J.): November 4–7, 10–14, 17–21, 24–28, 2003, February 2–6, 9–13 and July 30, 20041
[2004] EWHC 1725 (Ch); [2006] R.P.C. 3
Copyright—Airline booking system—Computer software—Infringement—Allegedly infringing software having no internal similarity but designed to "look" the same and achieve the same results—Whether copyright protected functional effects—Appropriation of "business logic" where functions were identical—"Non-textual copying" without access to thing copied—User command interface considered as computer language excluded from protection by Software Directive—Software Directive alone need be consulted because implementing provisions in United Kingdom statute must be construed in accordance with it—Compilation—Whether designed by identifiable author or merely an accretion—Substantial part of copyright work—Whether a substantial part taken was question of quality in context rather than proportion to whole—Databases—Database Directive—Protection for contents of database as collection of data—Whether schema or metadata was part of database or was computer program—Whether "necessary" to abstract material for access to or use of contents of database—Whether use of screenshot "necessary" to find out what data was present in underlying database—Screen display—Whether literary or artistic work—Software Directive inapplicable to artistic works.
Contract—Copyright licence—Breach of contract—Whether defendant relied on representation that claimant's rights would not be enforced—Whether claimant estopped by acquiescence.
Key Words: Airlines • Compilations • Copyright • Databases • Graphic works • Infringement • Originality • Software • Source codes
1 Paragraph numbers in this judgment are as assigned by the court. This is a redacted version of the judgment and was made available on December 2, 2004.