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Verdict Awaits In SAS Copyright Lawsuit
Analytics giant claims World Programming Ltd. breached terms of use developing low-cost alternative to its software.
By Doug Henschen, InformationWeek, July 6, 2010
World Programming Ltd. (WP), a tiny UK-based company, describes it as a David-vs.-Goliath battle against a software monopolist. SAS says WP breached terms of use in developing its World Programming System (WPS) and that the software infringes on its copyrights. At stake is millions, if not tens of millions, in software license revenue.
The lawsuit, filed by SAS in the High Court in London, alleges that WP "used the SAS Learning Edition product for purposes of developing, testing and benchmarking its WPS software in breach of the terms of the SAS Learning Edition Licensing Agreement," stated John Boswell, vice president and general counsel at SAS, in a November 2009 press release.
The court case concluded last week and a verdict is expected by the end of July, according to a source close to WP who wished to remain anonymous. WP had yet to respond to a request for comment while SAS declined to discuss the case. SAS is seeking damages and an injunction to prevent the sale and distribution of WPS. If the suit is dismissed, WP will presumably continue to offer the software, which is a language interpreter said to write and run SAS applications at a fraction of the cost of authentic SAS software.
WP challenged SAS's interpretation of lawful use of SAS Learning Edition in a November 2009 statement , claiming that European law provides that one can observe the operation and functioning of a computer program and develop interoperable or alternative solutions which perform the same function. "WP have honored both the spirit and the letter of the law. We are surprised that a company of SAS's repute would want to pursue this action," stated WP's attorney, Alexander Carter-Silk, head of the Technology Group at London-based corporate law firm Speechly Bircham.
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