Lotus Development Corp.
v. Borland International, Inc.
516 U.S. 233 (1996)
FACTS
-Here dealing with a spreadsheet program, menu = a virtually identical copy of the entire menu tree)
-Did not copy code, only copied words and structure of the menu tree.
-Copied to make it easier for users already familiar with lotus to be able to switch to Borland.
ISSUE: Is the Lotus menu tree system copyrightable expression?
HOLDING: No, Lotus menu command = uncopyrightable method of expression.
Argument: D states that P menu not copyrightable b/c it is a system, method of operation, process or procedure.
-Court concludes that Lotus program = method of operation.
RULES
Method of Operation
Refers to the means by which a person operates something, whether it be a car, food processor, or computer.
-If specific words are essential to operating something, then they are part of a method of operation, and unprotectable.
ANALYSIS
-Lotus wrote its menu command hierarchy so that people could learn it and use it. It falls squarely within the prohibition on c. protection in Baker v. Selden.
FACTS
-Here dealing with a spreadsheet program, menu = a virtually identical copy of the entire menu tree)
-Did not copy code, only copied words and structure of the menu tree.
-Copied to make it easier for users already familiar with lotus to be able to switch to Borland.
ISSUE: Is the Lotus menu tree system copyrightable expression?
HOLDING: No, Lotus menu command = uncopyrightable method of expression.
Argument: D states that P menu not copyrightable b/c it is a system, method of operation, process or procedure.
-Court concludes that Lotus program = method of operation.
RULES
Method of Operation
Refers to the means by which a person operates something, whether it be a car, food processor, or computer.
-If specific words are essential to operating something, then they are part of a method of operation, and unprotectable.
ANALYSIS
-Lotus wrote its menu command hierarchy so that people could learn it and use it. It falls squarely within the prohibition on c. protection in Baker v. Selden.
Concurrence: Utility does not bar
copyright.
-A new menu may be a creative work, but over time its importance may come to reside more in the investment that has been made by users in learning the menu and in building macros in reliance on the menu.
-QWERTY example. Everyone has learned to use it. It is a (flawed) menu of letters.
Link to case: 516 U.S. 233 (1996)
-A new menu may be a creative work, but over time its importance may come to reside more in the investment that has been made by users in learning the menu and in building macros in reliance on the menu.
-QWERTY example. Everyone has learned to use it. It is a (flawed) menu of letters.
Link to case: 516 U.S. 233 (1996)
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