Cantor Fitzgerald v Tradition [2000] RPC 95

However, this approach was criticised in Ibcos Computers v Barclays Mercantile High Finance (1994). Jacob J considered claims by a plaintiff that copyright subsisted in: (1) individual programs and sub-routines; (2) the general structure of the software; and (3) certain general design features of the software as defined in expert reports adduced by the plaintiff. He held that the approach to be taken was whether copyright subsisted in the relevant works and then assess whether they had been copied by making substantial comparisons of the two works in issue. The court also took the view that the construction of a program and the way in which the individual programs were brought together was important, stating that ‘UK copyright cannot prevent the copying of a mere general idea, but can protect the copyright in detailed ideas’. In considering earlier authorities such as Whelan Associated Inc v Jaslow Dental Laboratory Inc (1987), it was held that copyright may be infringed by the copying of the overall structure of a program rather than upon a line for line basis.