Lotus v. Borland


In 1990, Lotus Development Corporation brought a lawsuit against Borland International for developing and marketing a computer spreadsheet program that contained a single element of the user interface of Lotus 1-2-3, an element referred to as the 1-2-3 menu command system.

After several district court decisions holding that Borland infringed the copyright in the Lotus 1-2-3 program, the U.S. Court of Appeals for the 1st Circuit reversed. In its decision, announced on March 9, 1995, the appeals court held that the menu command system of the 1-2-3 is the method of operating the program, and, being so, it is uncopyrightable under Section 102(b) of the Copyright Act.

The U.S. Supreme Court has agreed to review that decision and a hearing has been set for January 8, 1996. Set forth below are the briefs filed with the Supreme Court by Lotus and Borland, together with the various amicus curiae, or "friend-of-the-court," briefs filed by various companies, organizations, and individuals.

For Lotus

Neutral

For Borland

Others briefs filed that support Borland, but not yet available here:


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Copyright © 1995 Bob Kohn
A Theoria Publication
(1/15/96)