The look and feel of computer programs after Richardson v. Flanders

Abstract

In John Richardson Ltd v. Flanders & Chemtech Ltd, the copyright protection of non‐literal elements of computer programs was expressly recognised. Mr Justice Ferris directly applied the test for non‐literal copying used in the USA. This article examines the decision and its background. It goes on to critically analyse the way the test was applied and looks forward to the difficulties that might ensue from an understanding of substantiality that is significantly in favour of the copyright owner. The author argues that the English judge misunderstood the ‘look and feel’ test and whilst, as a result of Computer Associates Inc. v. Altai Inc. copyright protection is weakened in the USA, it has been made too strong in the United Kingdom as a result of Ferris J.’s decision.