HT-2021-000363 - [2025] EWHC 532 (TCC)

Fecha: 10-Mar-2025

Copybooks - discussion

Copybooks - discussion

659.

In each case, it is common ground that LzLabs used the DR system to request Winsopia to document the values/constants defined in various IBM copybooks. Winsopia printed the requested values and sent the information to LzLabs. SDM code was created or developed using the values provided by Winsopia.

660.

It is common ground that the same issues of principle arise in relation to the macros and copybook allegations. For the reasons set out above in relation to macros, I find that:

The above copybooks were ICA Programs within the meaning of the ICA.

ii)

Winsopia’s activities amounted to reverse engineering in breach of clause 4.1.3(a) of the ICA and/or misuse of source code in breach of clause 4.1.1(d) of the ICA.

iii)

Winsopia’s analysis did not fall within permitted observation, study and testing pursuant to Article 5(3) of the Software Directive.

iv)

Winsopia’s analysis was not permitted by Article 6 of the Software Directive.