This article argues that competition and innovation in the software industry in the EU will be seriously undermined if the Court of Justice of the European Union in SAS Institute, Inc. v. World Programming Ltd. holds that copyright protection for computer programs extends to the functional...

Courts have struggled for decades to develop a test for judging infringement claims in software copyright cases that distinguishes between program expression that copyright law protects and program functionality for which copyright protection is unavailable. The case law thus far has adopted...