Adopt Policy Similar to 1991 European Union Directive on Computer Programs

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Submitted by Russell McOrmond 2010–07–07 09:52:30 EDT

Theme: Digital Infrastructure
Idea Status: +14 | Total Votes: 20 | Comments: 0

The European Union has a directive:
COUNCIL DIRECTIVE of 14 May 1991 on the legal protection of computer programs (91/250/EEC)

In the preamble it recognizes the importance of interoperability, and explicitly does not protect "interfaces". I believe that interoperability should also be a goal in Canadian law, and that we should also explicitly exclude "interfaces" from copyright, patent, or related legislation.

"Whereas the parts of the program which provide for such interconnection and interaction between elements of software and hardware are generally known as 'interfaces';

Whereas this functional interconnection and interaction is generally known as 'interoperability'; whereas such interoperability can be defined as the ability to exchange information and mutually to use the information which has been exchanged;

Whereas, for the avoidance of doubt, it has to be made clear that only the expression of a computer program is protected and that ideas and principles which underlie any element of a program, including those which underlie its interfaces, are not protected by copyright under this Directive;"

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Suggested URL: Council Directive of 14 May 1991 on the legal protection of computer programs (91/250/EEC)

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