Installing interoperability in information systems How patent and copyrights affect the development of interoperable information systems.

An interoperating information system: Domestic violence signaling Municipal central agency Police General practitioners Child welfare organization Safe house Youth welfare organization All partners receive and send messages signaling domestic violence. All partners use a different information system. Automated signaling is necessary to achieve goals.

How to interoperate two information systems With cooperation (license) 1.Implement specification Without cooperation 1.Find the computer 2.Analyze its platform (e.g. Windows) 3.Discover if the system interoperates 4.Find the application programming interface (API) or the plug. 5.Reverse engineer (parts) of the specification Smaller (lower) information systems: technique is known, specification a mystery.

Confidentiality and secrecy Protect specification as a (trade) secret This is standard operation for information systems. Competition law can limit this protection – US: United States v. Microsoft, 97 F. Supp. 2d 59, 67 (D.D.C. 2000) – EU: T-201/04, Microsoft Corp. v. EC, 2004 E.C.R. 249 SME and public sector information systems are extremely tailored. Distortion of competition (if any) not similar to interoperability in operating systems. Reverse engineering (RI) is only option.

Reverse engineering and copyright No copyright on (external) application programming interface. – US: Computer Associate v. Altai, 775 F. Supp. 544 (E.D.N.Y. 1991). – EU: Article 1(2) ‘91 Software Directive Reverse engineering often involves copying or reproducing parts of copyrighted internal process code. Circumvention of technical measures prohibited. – US: 17 U.S.C. §1201 (a) – EU: Article 6 ’01 Information Society Directive, Article 7(1) ‘92 Software Directive – Article 11 WIPO Copyright Treaty Reverse engineering excepted – US: 17 U.S.C. §1201 (f) – EU: Article 6 ‘92 Software Directive

Reverse engineering and patents Patents on (external) application programming interfaces (API). Matter of software patents: – US: Still awaiting decision (In re Bilski) – EU: Still vague (EPO G-3/08) – Fact: many patents on interfaces and interoperability awarded in the EU and US – No exception use patented API > challenge subject matter Patents on internal processes – Reverse engineering an API leads to use – Research exception – Blocking patents, patent misuse and reverse doctrine of equivalents.

Ex/ac-cepting interoperability in information systems Benefits – Propriety: better access to own information – Quality: better data through comparison – Competition: enabling secondary markets Risks – Incentive: monopoly after investment not guaranteed. – Security: system integrity diminished by interoperating uncontrolled applications. Absolute exceptions or adjustment of subject matter > no balance. Similar considerations (benefits and risks) for copyright and patent law. Would fair use provide a balanced integrated solution?