The Software Interface Between Copyright and Competition Law A Legal Analysis of Interoperability in Computer Programs

The success of computer programs often depends on their ability to interoperate - or communicate - with other systems. Conversely, the extent to which interoperability between computer programs is enabled or facilitated by the law can have a significant impact on innovation and free competition in software. The two legal disciplines that primarily determine the extent to which software interoperability is enabled or facilitated are copyright law and competition lawThis important book offers the first in-depth analysis of the current respective copyright and competition law approaches to interoperability. With respect to copyright law, the book offers a comprehensive analysis of how copyright law has been applied to computer programs, how this form of protection affects interoperability, and how the European Software Directive - including its interpretation by courts in Member States - aims to facilitate interoperability. With respect to competition law, the author critically analyzes the application of Article 102 of the TFEU to refusals to supply interface information, including a discussion on the tension between copyright and competition law. The author also examines the substantial body of U.S. case law and accompanying literature on the interplay between copyright law, software and interoperability. Based further on a comparison with relevant ex-ante interconnection rules in European design protection law and telecommunications law, the author advances several recommendations aimed at facilitating interoperability in software copyright lawBecause of the in-depth analsis of the software interoperability problem with elated legal disciplines in both Europe and the United States, and due to the clarity of the presentation, this will be welcomed as a valuable resouce by practitioners, juists, and academics concerned with copyright protection of computer software, interoperability and the interaction between copyight and competition law.