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Dentalab was written in a computer language known as EDL (Event Driven Language), so that it would work with IBM Series One machines. Whelan wrote a program called Dentalab for Jaslow Lab. After this education into the ways of dental laboratories, and Jaslow Lab, in particular, Ms. She also visited other dental laboratories and interviewed people there, so that she would better understand the layout, workflow, and administration of dental laboratories generally. Whelan's first step was to visit Jaslow Lab and interview Rand Jaslow and others to learn how the laboratory worked and what its needs were. The person at Strohl responsible for the Jaslow Lab account was Elaine Whelan, an experienced programmer who was an officer and half-owner of Strohl. Jaslow Lab would receive a 10% royalty on all such sales.
Jaslow Lab and Strohl entered into an agreement providing that Strohl would design a system for Jaslow Lab's needs and that after Strohl had installed the system Strohl could market it to other dental laboratories.
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("Strohl"), a small corporation that developed custom-made software to develop a program that would run on Jaslow Lab's new IBM Series One computer and take care of the Lab's business needs. 15Ī few months later, stymied by his own lack of success but still confident that Jaslow Lab would profit from computerization, Rand Jaslow hired the Strohl Systems Group, Inc. Although he wrote a program for the computer, he was ultimately not successful, limited by both his lack of expertise and the relatively small capacity of his particular computer.
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In early 1978, he therefore bought a small personal computer and tried to teach himself how to program it so that it would be of use to Jaslow Lab. 14Īlthough Rand Jaslow had not had extensive experience with computers, he believed that the business operations of Jaslow Lab could be made more efficient if they were computerized. While many of these functions are common to all businesses, the nature of the dental prosthetics business apparently requires some variations on the basic theme. Each order for equipment must be registered and processed inventory must be maintained customer lists must be continually updated invoicing, billing, and accounts receivable, must be dealt with. Jaslow Lab, like any other small- or medium-sized business of moderate complexity, has significant bookkeeping and administrative tasks. ("Whelan Associates") is also a Pennsylvania corporation, engaged in the business of developing and marketing custom computer programs. Plaintiff-appellee Whelan Associates, Inc. Appellants were defendants in the district court. Individual appellants Edward Jaslow and his son Rand Jaslow are officers and shareholders in both Jaslow Lab and Dentcom. Dentcom was formed out of the events that gave rise to this suit, and its history will be recounted below. ("Dentcom") is a Pennsylvania corporation in the business of developing and marketing computer programs for use by dental laboratories. ("Jaslow Lab") is a Pennsylvania corporation in the business of manufacturing dental prosthetics and devices. 11Īppellant Jaslow Dental Laboratory, Inc. Because we find that there was enough evidence, we affirm. This conclusion in turn requires us to consider whether there was sufficient evidence of substantial similarity between the structures of the two programs at issue in this case to uphold the district court's finding of copyright infringement. The district court found that the copyright law covered these non-literal elements of the program, and we agree. More particularly, in this case of first impression in the courts of appeals, we must determine whether the structure (or sequence and organization) of a computer program is protectible by copyright, or whether the protection of the copyright law extends only as far as the literal computer code.
This appeal involves a computer program for the operation of a dental laboratory, and calls upon us to apply the principles underlying our venerable copyright laws to the relatively new field of computer technology to determine the scope of copyright protection of a computer program.
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