Lotus v. Borland
Encyclopedia
Lotus Development Corporation v. Borland International, Inc., 516 U.S. 233
(1996), is a United States Supreme Court case that tested the extent of software copyright
. This case established that copyright does not extend to the text or layout of a program's menus.
released a spreadsheet
product, Quattro Pro
, that had a compatibility mode in which its menu
imitated that of Lotus 1-2-3
, a competing product. None of the source code
or machine code
that generated the menus was copied, but the names of the commands and the organization of those commands into a hierarchy were virtually identical.
Quattro Pro also contained a feature called "Key Reader," which allowed it to execute Lotus 1-2-3 keyboard macros. In order to support this feature, Quattro Pro's code contained a copy of Lotus's menu hierarchy in which each command was represented by its first letter instead of its entire name.
filed suit in the United States District Court for the District of Massachusetts
on July 2, 1990, claiming that the structure of the menus was Lotus's copyright
ed intellectual property
. The district court
ruled that Borland had infringed
Lotus's copyright. The ruling was based in part on the fact that an alternative satisfactory menu structure could be designed. For example, the "Quit" command could be changed to "Exit."
Borland immediately removed the Lotus-based menu system from Quattro Pro, but retained support for its "Key Reader" feature, and Lotus filed a supplemental claim against this feature. A district court held that this also constituted copyright infringement.
§ 102(b).
The United States Court of Appeals for the First Circuit
reversed the district court's decision, agreeing with Borland's legal theory that considered the menu hierarchy a "method of operation." The court agreed with the district court that an alternative menu hierarchy could be devised, but argued that despite this, the menu hierarchy is an uncopyrightable "method of operation."
The court made an analogy between the menu hierarchy and the arrangement of buttons on a VCR. The buttons are used to control the playback of a video tape, just as the menu commands are used to control the operations of Lotus 1-2-3. Since the buttons are essential to operating the VCR, their layout cannot be copyrighted. Likewise, the menu commands, including the textual labels and the hierarchical layout, are essential to operating Lotus 1-2-3.
The court also considered the impact of their decision on users of software. If menu hierarchies were copyrightable, users would be required to learn how to perform the same operation in a different way for every program, which the court finds "absurd." Additionally, all macros would have to be re-written for each different program, which places an undue burden on users.
wrote a concurring opinion
for this case. In this opinion, he discusses the costs and benefits of copyright protection, as well as the potential similarity of software copyright protection to patent
protection. He argues that software is different from creative works, which makes it difficult to apply copyright law to software.
His opinion also considers the theory that Borland's use of the Lotus menu is "privileged." That is, because Borland copied the menu for a legitimate purpose of compatibility, its use should be allowed. This decision, if issued by the majority of the court, would have been narrower in scope than the "method of operations" decision. Copying a menu hierarchy would be allowed in some circumstances, and disallowed in others.
. Lotus's petition for a rehearing by the full court was denied. By the time the lawsuit ended, Borland had sold Quattro Pro to Novell
, and Microsoft
's Excel
spreadsheet had emerged as the main challenger to Lotus 1-2-3.
of a software product and its implementation. The implementation is subject to copyright. The public interface may also be subject to copyright to the extent that it contains expression (for example, the appearance of an icon
). However, the set of available operations and the mechanics of how they are activated are not copyrightable. This standard allows software developers to create original clone
s of copyrighted software products without infringing the copyright.
, and by David Hayes, a copyright expert with Fenwick & West LLP
. Intel, Digital Equipment Corporation
, Xerox
, and the Gates Rubber Company filed amicus curiae
briefs in support of Lotus.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1996), is a United States Supreme Court case that tested the extent of software copyright
Software copyright
Software copyright is the extension of copyright law to machine-readable software. While many of the legal principles and policy debates concerning software copyright have close parallels in other domains of copyright law, there are a number of distinctive issues that arise with software...
. This case established that copyright does not extend to the text or layout of a program's menus.
Background information
BorlandBorland
Borland Software Corporation is a software company first headquartered in Scotts Valley, California, Cupertino, California and finally Austin, Texas. It is now a Micro Focus subsidiary. It was founded in 1983 by Niels Jensen, Ole Henriksen, Mogens Glad and Philippe Kahn.-The 1980s:...
released a spreadsheet
Spreadsheet
A spreadsheet is a computer application that simulates a paper accounting worksheet. It displays multiple cells usually in a two-dimensional matrix or grid consisting of rows and columns. Each cell contains alphanumeric text, numeric values or formulas...
product, Quattro Pro
Quattro Pro
Quattro Pro is a spreadsheet program developed by Borland and now sold by Corel, most often as part of Corel's WordPerfect Office.Historically, Quattro Pro used keyboard commands similar to Lotus 1-2-3. It is commonly said to have been the first program to use tabbed sheets. Actually, Boeing Calc...
, that had a compatibility mode in which its menu
Menu (computing)
In computing and telecommunications, a menu is a list of commands presented to an operator by a computer or communications system. A menu is used in contrast to a command-line interface, where instructions to the computer are given in the form of commands .Choices given from a menu may be selected...
imitated that of Lotus 1-2-3
Lotus 1-2-3
Lotus 1-2-3 is a spreadsheet program from Lotus Software . It was the IBM PC's first "killer application"; its huge popularity in the mid-1980s contributed significantly to the success of the IBM PC in the corporate environment.-Beginnings:...
, a competing product. None of the source code
Source code
In computer science, source code is text written using the format and syntax of the programming language that it is being written in. Such a language is specially designed to facilitate the work of computer programmers, who specify the actions to be performed by a computer mostly by writing source...
or machine code
Machine code
Machine code or machine language is a system of impartible instructions executed directly by a computer's central processing unit. Each instruction performs a very specific task, typically either an operation on a unit of data Machine code or machine language is a system of impartible instructions...
that generated the menus was copied, but the names of the commands and the organization of those commands into a hierarchy were virtually identical.
Quattro Pro also contained a feature called "Key Reader," which allowed it to execute Lotus 1-2-3 keyboard macros. In order to support this feature, Quattro Pro's code contained a copy of Lotus's menu hierarchy in which each command was represented by its first letter instead of its entire name.
District Court case
LotusLotus Software
Lotus Software is a software company with headquarters in Westford, Massachusetts...
filed suit in the United States District Court for the District of Massachusetts
United States District Court for the District of Massachusetts
The United States District Court for the District of Massachusetts is the federal district court whose jurisdiction is the Commonwealth of Massachusetts, USA. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and until 1813 court session locations...
on July 2, 1990, claiming that the structure of the menus was Lotus's copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
ed intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
. The district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
ruled that Borland had infringed
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
Lotus's copyright. The ruling was based in part on the fact that an alternative satisfactory menu structure could be designed. For example, the "Quit" command could be changed to "Exit."
Borland immediately removed the Lotus-based menu system from Quattro Pro, but retained support for its "Key Reader" feature, and Lotus filed a supplemental claim against this feature. A district court held that this also constituted copyright infringement.
Circuit Court case
Borland appealed the decision of the district court. It argued that the menu hierarchy is a "method of operation," which is not copyrightable according to 17 U.S.C.Title 17 of the United States Code
Title 17 of the United States Code is the title of the United States Code that outlines United States copyright law.—Subject Matter and Scope of Copyright—Copyright Ownership and Transfer—Duration of Copyright—Copyright Notice, Deposit, and Registration—Copyright Infringement and...
§ 102(b).
The United States Court of Appeals for the First Circuit
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
reversed the district court's decision, agreeing with Borland's legal theory that considered the menu hierarchy a "method of operation." The court agreed with the district court that an alternative menu hierarchy could be devised, but argued that despite this, the menu hierarchy is an uncopyrightable "method of operation."
The court made an analogy between the menu hierarchy and the arrangement of buttons on a VCR. The buttons are used to control the playback of a video tape, just as the menu commands are used to control the operations of Lotus 1-2-3. Since the buttons are essential to operating the VCR, their layout cannot be copyrighted. Likewise, the menu commands, including the textual labels and the hierarchical layout, are essential to operating Lotus 1-2-3.
The court also considered the impact of their decision on users of software. If menu hierarchies were copyrightable, users would be required to learn how to perform the same operation in a different way for every program, which the court finds "absurd." Additionally, all macros would have to be re-written for each different program, which places an undue burden on users.
Concurring opinion
Michael BoudinMichael Boudin
Michael Boudin is a Judge and former Chief Judge of the United States Court of Appeals for the First Circuit.Boudin was born in New York City, the son of the civil liberties attorney Leonard Boudin and older brother of Weather Underground member Kathy Boudin. He received a B.A. from Harvard...
wrote a concurring opinion
Concurring opinion
In law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision...
for this case. In this opinion, he discusses the costs and benefits of copyright protection, as well as the potential similarity of software copyright protection to patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
protection. He argues that software is different from creative works, which makes it difficult to apply copyright law to software.
His opinion also considers the theory that Borland's use of the Lotus menu is "privileged." That is, because Borland copied the menu for a legitimate purpose of compatibility, its use should be allowed. This decision, if issued by the majority of the court, would have been narrower in scope than the "method of operations" decision. Copying a menu hierarchy would be allowed in some circumstances, and disallowed in others.
Supreme Court case
Lotus petitioned the United States Supreme Court for a writ of certiorari. The Supreme Court affirmed the circuit court's opinion in a 4-4 anonymous tie vote, with Justice Stevens recusingRecusal
Judicial disqualification, also referred to as recusal, refers to the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide...
. Lotus's petition for a rehearing by the full court was denied. By the time the lawsuit ended, Borland had sold Quattro Pro to Novell
Novell
Novell, Inc. is a multinational software and services company. It is a wholly owned subsidiary of The Attachmate Group. It specializes in network operating systems, such as Novell NetWare; systems management solutions, such as Novell ZENworks; and collaboration solutions, such as Novell Groupwise...
, and Microsoft
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
's Excel
Microsoft Excel
Microsoft Excel is a proprietary commercial spreadsheet application written and distributed by Microsoft for Microsoft Windows and Mac OS X. It features calculation, graphing tools, pivot tables, and a macro programming language called Visual Basic for Applications...
spreadsheet had emerged as the main challenger to Lotus 1-2-3.
Impact
The Lotus decision establishes a distinction in copyright law between the interfaceInterface (computer science)
In the field of computer science, an interface is a tool and concept that refers to a point of interaction between components, and is applicable at the level of both hardware and software...
of a software product and its implementation. The implementation is subject to copyright. The public interface may also be subject to copyright to the extent that it contains expression (for example, the appearance of an icon
Icon (computing)
A computer icon is a pictogram displayed on a computer screen and used to navigate a computer system or mobile device. The icon itself is a small picture or symbol serving as a quick, intuitive representation of a software tool, function or a data file accessible on the system. It functions as an...
). However, the set of available operations and the mechanics of how they are activated are not copyrightable. This standard allows software developers to create original clone
Clone (computer science)
In computing, a clone is a hardware or software system that is designed to mimic another system. Compatibility with the original system is usually the explicit purpose of cloning hardware or low-level software such as operating systems...
s of copyrighted software products without infringing the copyright.
Legal counsel
Borland was represented in the lawsuit by Gary Reback, an attorney with Wilson Sonsini Goodrich & RosatiWilson Sonsini Goodrich & Rosati
Wilson Sonsini Goodrich & Rosati is a law firm in the United States that specializes in business, securities, and intellectual property law. The firm's Chairman, Larry Sonsini, is well known as an attorney and advisor to technology companies....
, and by David Hayes, a copyright expert with Fenwick & West LLP
Fenwick & West LLP
Fenwick & West LLP is a full service law firm with a primary focus on technology and life sciences clients ranging from start-ups to established companies of national and international prominence. The corporate, intellectual property, litigation and tax groups service clients from a wide range of...
. Intel, Digital Equipment Corporation
Digital Equipment Corporation
Digital Equipment Corporation was a major American company in the computer industry and a leading vendor of computer systems, software and peripherals from the 1960s to the 1990s...
, Xerox
Xerox
Xerox Corporation is an American multinational document management corporation that produced and sells a range of color and black-and-white printers, multifunction systems, photo copiers, digital production printing presses, and related consulting services and supplies...
, and the Gates Rubber Company filed amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
briefs in support of Lotus.
See also
- List of United States Supreme Court cases, volume 516
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court