Software Interfaces - Stuck in the Middle: The Relationship Between the Law and Software Interfaces in Regulating and Encouraging INteroperability.

Abstract

Interoperability of software programs is associated with competition and innovation. This has resulted in exceptions to copyright protection for software interfaces and intervention by competition authorities. Despite this, the hidden and unreadable nature of machine code and the limitations of reverse engineering have given a much stronger protection than is normally associated with copyright. This article reviews the theoretical and empirical justifications for interoperability. Then, against the backdrop of the prevailing uncertainty pending the decision of the ECJ in the case of SAS Institute Inc v. World Programming Ltd, the author analyses the development of the law on the status of software interfaces in Europe and the USA. The effectiveness of compulsory disclosure of interoperability information under the “exceptional circumstances” test is considered but the shortcomings of this approach are identified. The possibility of relaxing the restriction on dissemination of interface information is proposed.