Apple Computer, Inc. v. Mackintosh Computers Ltd.

Apple Computer, Inc. v. Mackintosh Computers Ltd.

"Apple Computer, Inc. v. Mackintosh Computers Ltd." (1986), 10 CPR (3d) 1, is a leading Canadian case on copyright law regarding the copyrightability of software. The Court found that programs within ROM silicon chips are protected under the Copyright Act, and the conversion from the source code into object code is a form of translation.

The judge held that translation does not include the expression of an idea in another form, rather it only applies to the expression of an idea in another language. A translation has a one-to-one correspondence between works that are expressed in two different languages. In effect, it should simply be a reproduction.

The case was appealed to the Supreme Court who affirmed the judgments of both the trial and appellate judges.

Aftermath

Not long after the case the Copyright Act was amended to include software as a "literary work" within the Act.

ee also

*Notable litigation of Apple Inc.

External links

*lexum-scc2|1990|2|209


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