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This feed is published daily with selected new or updated content from across our network. For a list of network sites, many of which feature daily news, see below.

 
06/09 German Cabinet Agrees 'Future Package', Tax-News.com
03/09 South Africa Rejects Mining Tax, Tax-News.com
02/09 New Lowtax Editor Column, by Kitty Miv
01/09 International Privacy and Security, Investors Offshore special feature
31/08 Lowtax Belize, annual update
27/08 IRS To Drop UBS Lawsuit, Tax-News.com
26/08 New Lowtax Editor Column, by Kitty Miv
25/08 New PBTG Editor Column, Caroline, PBTG editor
24/08 Uruguay Stays On OECD Grey List, Tax-News.com
23/08 Don't Forget Doha, And I Don't Mean The Tennis, Jeremy Hetherington-Gore blog entry
20/08 Ireland Plans Social Security Overhaul, Tax-News.com
19/08 New Lowtax Editor Column, by Kitty Miv
18/08 New PBTG Editor Column, Caroline, PBTG editor
17/06 Lowtax Cayman Islands, annual update
16/08 Germany's Fiscal Court Seeks Property Tax Reform, Tax-News.com
13/08 Jurisdiction Special Focus: Antigua and Barbuda, Investors Offshore special feature
12/08 New Lowtax Editor Column, by Kitty Miv
11/08 New PBTG Editor Column, Caroline, PBTG editor
10/08 Brazil Cuts Import Tariffs, Tax-News.com
09/08 Ukraine Tax Code Published, Tax-News.com
06/08 France Plans Reform Of Property Tax Credit, Tax-News.com
04/08 New PBTG Editor Column, Caroline, PBTG editor
02/08 Islamic Finance - The New Mainstream Alternative, Investors Offshore special feature
28/07 New PBTG Editor Column, Caroline, PBTG editor
27/07 UK Launches Raft Of Tax Consultations, Tax-News.com
26/07 Fat Tax On The Menu , Jeremy Hetherington-Gore blog entry
23/07 Sarkozy Seeks 'Fiscal Convergence' With Germany, Tax-News.com
20/07 Singapore Base For Tuvalu OIFC, Tax-News.com
15/07 St Vincent & The Grenadines, Investors Offshore special feature
13/07 Tax- News.com Jersey Review 2010-2011
12/07 Goodbye To All That, Jeremy Hetherington-Gore blog entry
06/07 Hong Kong Full PBTG Guide, added to Personal Business Tax Guide
28/06 Lowtax Dubai, annual update
18/06 Singapore - Another Hong Kong?, Investors Offshore special feature
15/06 Swiss Parliament Approves UBS Agreement, Tax-News.com
08/06 Dubai Full PBTG Guide, added to Personal Business Tax Guide
04/06 Lowtax Panama, annual update
01/06 Lowtax Luxembourg, annual update
03/03 Personal Business Tax Guide, PBTG, has launched!
Providing essential tax news and information for globally mobile artists, contractors, entrepreneurs, professionals, small businesses, sportspersons and entertainers.
 

 
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Law & Tax News: Daily news and background data on tax and legal developments for international business.
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NEW! Personal Business Tax Guide: Providing essential tax news and information on business for contractors, entrepreneurs, professionals, small businesses, artists, sportspersons and entertainers.
 
ECJ To Settle Software Copyright Claim

by Robin Pilgrim, LawAndTax-News.com, London Tuesday, July 27, 2010

The European Court of Justice has been asked to consider a copyright infringement case by the High Court in England in which both the software companies in dispute are claiming victory.

In the case, business software provider SAS alleged that World Programming Ltd (WPL) violated several SAS copyrights by copying SAS manuals and source code. According to SAS, the court found that the manual for WPL’s World Programming System (WPS) software infringed the copyright in the SAS manuals, but in order to resolve the question of whether the WPS software itself infringed SAS copyrights, the court has referred several questions of copyright law to the ECJ.

The court also found that WPL acted outside the scope of its license agreement for SAS Learning Edition software by using that product to develop WPL’s World Programming System (WPS) software.

WPL, however, issued a statement following the High Court decision claiming that it had secured "a major legal victory" and that the judge, Mr. Justice Arnold, rejected SAS's claim that WPL's drop in 'clone' of the SAS System infringes the copyright in the SAS system or the copyright in SAS's manuals.

WPL also believes that European law protected it from breach of SAS's licence terms where WPL used the SAS Learning Edition to observe, study and test its programming functions when it developed WPS.

"Following previous UK case law and the EU Software Directive, the judgment reasoned that copyright protects the source code of the SAS system as a literary work which WPL had not copied and that replicating the functions of software, however complex and at whatever level of detail, is not an infringement of copyright," WPL stated following the High Court decision.

Oliver Robinson of WPL said that the ruling "clearly established the validity of WPS as a legitimate and lawful alternative to SAS." SAS General Counsel John Boswell, however, found WPL's version of events "surprising."

Boswell said: “WPL issued a press release contending that they ‘secured a major legal victory’ in this case. This announcement was surprising in that the decisions the court handed down were related to the violation of SAS’ copyright on its manuals. Other decisions have not been made. They raise uncertain questions of law and have therefore been referred to the ECJ. We feel compelled to address the inaccuracies in the news release issued by WPL.”

The companies may have to wait up to three years before the ECJ issues a clarification of the case, after which it will be handed back to the High Court.

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