Anatomy of a Copyright Case

  • Ben Sobel (Harvard Law School)

Faculty: Henry B. Gutman

This term we will explore the copyright treatment of computer software by examining together the litigation to protect the user interface of the spreadsheet program Lotus 1-2-3, the most popular application program of its time. We will begin with some background on the law, then proceed to consider the litigation Lotus filed against Paperback Software with respect to the first, self-proclaimed 1-2-3 clone and then address in detail the Lotus v. Borland case, which ended in a 4-4 tie in the Supreme Court. In addition to discussing the relevant legal and policy issues, we will focus on the nuts and bolts litigation questions that arose in the course of multiple trials, two arguments in the First Circuit and a closely watched Supreme Court case that failed to produce a decision. In our final class, we will fast forward to the present to consider the Federal Circuit’s recent decision in Oracle v. Google (for which a certiorari petition is now pending) addressing similar copyright questions, thirty years after the complaint in Lotus v. Paperback was filed. Time permitting we will also look briefly at how patent protection for computer software has evolved over the same period. Our class will meet on the following six dates, in Hauser 102 (unless otherwise noted): Wednesday, February 4th, 5-7pm.
Wednesday, February 25, 5-7pm.
FRIDAY, March 6, 3-5pm (during designated HLS make-up class period) (WCC 3018).
Wednesday, March 11, 5-7pm.
Wednesday, March 25, 5-7pm.
Wednesday, April 8, 5-7pm.

3 Week 3 3 Week 3

3.1 Motions for Summary Judgment 3.1 Motions for Summary Judgment

3.1.1. Plantiff's Renewed MSJ on Infringement

Plantiff's Renewed MSJ on Infringement

3.1.2. Plaintiff's Memo in Support of MSJ on Infringement

Plaintiff's Memo in Support of MSJ on Infringement

3.1.3. Borland's Response to Plaintiff's Renewed Motion for Summary Judgment

Borland's Response to Plaintiff's Renewed Motion for Summary Judgment

3.1.4. Borland's Memo in Support of Renewed MSJ

Borland's Memo in Support of Renewed MSJ

3.1.5. Lotus's Response to Plaintiff's Renewed MSJ

Lotus's Response to Plaintiff's Renewed MSJ

3.1.6. Statement of Material Facts as to which there is no Genuine Issue Pursuant to Local Rule 56.1 and in Support of Renewed Motion for Summary Judgment

Statement of Material Facts as to which there is no Genuine Issue Pursuant to Local Rule 56.1 and in Support of Renewed Motion for Summary Judgment

3.1.7 Week 3 Supplemental MSJ Materials 3.1.7 Week 3 Supplemental MSJ Materials

3.1.7.1. Borland's Motion for Summary Judgment on the Issue of Copyrightability

Borland's Motion for Summary Judgment on the Issue of Copyrightability

3.1.7.2. Borland's Reply Memo in Support of Cross-Motion for Summary Judgment

Borland's Reply Memo in Support of Cross-Motion for Summary Judgment

3.1.7.3. Borland's Statement of Material Facts Going to Copyrightability as to which there is no genuine issue

Borland's Statement of Material Facts Going to Copyrightability as to which there is no genuine issue

3.1.7.4. Borland's Statement of Material Facts as to which there is a genuine issue to be tried

Borland's Statement of Material Facts as to which there is a genuine issue to be tried

3.1.7.5. Borland's memo in support of cross-motion for summary judgment

Borland's memo in support of cross-motion for summary judgment

3.1.7.6. Exhibits in support of Borland's cross-motion for SJ

Exhibits in support of Borland's cross-motion for SJ

3.1.7.7. Lotus's response to Borland's statement of material facts going to copyrightability as to which there is no genuine issue

Lotus's response to Borland's statement of material facts going to copyrightability as to which there is no genuine issue

3.1.7.8. Plaintiff's memorandum of law in support of motion for summary judgment on liability

Plaintiff's memorandum of law in support of motion for summary judgment on liability

3.1.7.9. Plaintiff's motion for leave to file memorandum in excess of twenty pages

Plaintiff's motion for leave to file memorandum in excess of twenty pages

3.1.7.10. Plaintiff's motion for summary judgment on liability

Plaintiff's motion for summary judgment on liability

3.1.7.11. Plaintiff's reply memorandum in support of motion for summary judgment and in opposition to defendant's motion for summary judgment on the issue of copyrightability

Plaintiff's reply memorandum in support of motion for summary judgment and in opposition to defendant's motion for summary judgment on the issue of copyrightability

3.1.7.12. Plaintiff's reply memorandum in support of MSJ and in opposition to defendant's cross-motion for SJ

Plaintiff's reply memorandum in support of MSJ and in opposition to defendant's cross-motion for SJ

3.1.7.13. Statement of material facts as to which there is no genuine issue pursuant to local rule 56.1

Statement of material facts as to which there is no genuine issue pursuant to local rule 56.1

3.2 Affidavits and Declarations (Week 3) 3.2 Affidavits and Declarations (Week 3)

3.2.1. Affidavit of Jonathan Sachs

Affidavit of Jonathan Sachs

3.2.2. Declaration of James Emery

Declaration of James Emery

3.2.3. Affidavit of Mitchell Kapor

Affidavit of Mitchell Kapor

3.2.4. Declaration of David Liddle

Declaration of David Liddle

3.2.5. Declaration of Judith Olson

Declaration of Judith Olson

3.2.6. Deposition of Jonathan Sachs

Deposition of Jonathan Sachs

3.2.7. Deposition of Adam Bosworth

Deposition of Adam Bosworth

3.2.8. Second Deposition of Adam Bosworth

Second Deposition of Adam Bosworth

3.2.9. Deposition of David Liddle

Deposition of David Liddle

3.2.10. First Declaration of Bernard Galler

First Declaration of Bernard Galler

3.2.11. Second Declaration of Bernard Galler

Second Declaration of Bernard Galler

3.2.12. Deposition of Philippe Kahn

Deposition of Philippe Kahn

3.2.13. First Declaration of Eugene Buechele

First Declaration of Eugene Buechele

3.2.14. Second Declaration of Eugene Buechele

Second Declaration of Eugene Buechele

3.2.15. Deposition of Ezra Gottheil Sept 22 1992

Deposition of Ezra Gottheil Sept 22 1992

3.3. Lotus v. Borland District Court Summary Judgment Decisions

Lotus v. Borland District Court Summary Judgment Decisions