EasyJet wins High Court software copyright case

Long-running dispute between easyJet and Navitaire finally settled

Written by James Watson

Low cost airline easyJet has won a copyright action case against software development firm Navitaire in the High Court, following a six-week trial.

Specialist airline booking software provider Navitaire claimed that the airline had infringed the copyright of its 'OpenRes' reservation system, which had been used by easyJet until it introduced its own replacement system, 'eRes'.

The airline's new system was developed by US software maker BulletProof Technologies, which claimed that the OpenRes system had been faulty.

Navitaire, a wholly owned subsidiary of Accenture, provides passenger reservation software to a number of low-cost airlines.

In May 2002, Navitaire sued easyJet, claiming that the airline's new system infringed its copyright.

According to law firm Herbert Smith, which defended easyJet during the High Court trial, the protectability of a computer's look and feel has been hotly disputed around the world for many years.

In the ruling, Justice Pumfrey ruled that copyright protection could not be extended to cover 'business logic', and rejected Navitaire's claim to copyright protection of the command codes used by agent interfaces in the call centre and airport.

'Had easyJet lost the case, its entire airline reservation system could have been injuncted by the High Court causing disruption to the public and a large loss of business,' said Herbert Smith in a statement.

easyJet chief executive Ray Webster says the result is a good day for consumers.

'We have always maintained that this was a fatuous claim and a waste of time. easyJet's development of our own computer software system has been critical in allowing the airline to lead the sector in terms of innovation.'

'The central parts of the case were found to be totally without foundation. This was the action of a monopolist trying to protect its own business,' said Webster.

In a statement, Accenture says it is disappointed with the ruling that certain aspects of Navitaire's software should not be protected under UK copyright law, but is pleased with the judge's finding that easyJet and BulletProof copied significant aspects of Navitaire's system and in certain respects infringed its copyright.

'We look forward to subsequent hearings on this matter, which are expected to begin later this year. Accenture and Navitaire will continue to defend vigorously their intellectual property rights around the world.'

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