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Lotus vs. Borland: "Look and Feel" Judgment Overturned on Appeal

Strategic Insights

— 1 min read

The Court of Appeal for the First Circuit has reversed the lower court's decision, declaring that Borland International did not infringe on Lotus Development's copyright for its 1-2-3 spreadsheet menu command hierarchy. This ruling marks a significant victory for Borland and sets a precedent for the software industry, as it aligns with the US Supreme Court's recent rejection of Apple's "look and feel" suit against Microsoft and Hewlett-Packard over the Windows interface.

Key Takeaways:

  • The Court of Appeal ruled that the Lotus menu command hierarchy is uncopyrightable subject matter, and therefore Borland did not infringe on the copyright by copying it.
  • The three judges compared the menu commands to buttons used to control a video cassette recorder, determining that they are functional and not protected by copyright.
  • Borland had provided compatible commands as an option in its Quattro Pro spreadsheet to help users switching from 1-2-3, and had removed infringing features after court decisions went against it.
  • The decision is a huge relief for Borland, which was facing damages of more than $100m, but disclosed in court that its available cash could fall as low as $47m this summer.
  • Borland sold Quattro Pro to Novell, which offers the program as part of the WordPerfect Office suite.
  • The ruling reinforces the US Supreme Court's recent decision and promotes innovation and competition in the software industry.

Statistics:

  • The Court of Appeal ruled in favor of Borland, declaring that the Lotus menu command hierarchy is uncopyrightable subject matter.
  • Borland was seeking damages of more than $100m, but the company disclosed in court that its available cash could fall as low as $47m this summer.
  • The ruling sets a precedent for the software industry, aligning with the US Supreme Court's recent rejection of Apple's "look and feel" suit against Microsoft and Hewlett-Packard.

Sources:

  • Jack Schofield, Lotus Development has had its 'look and feel' victory over Borland International overturned on appeal. (Undated)

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