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Had a view of copyright like the one SAS favors “been accepted at the birth of modern computing, many important technologies would never have existed or succeeded,” the group says, including some of today’s key operating systems and programming languages, and perhaps even the Internet’s fundamental operating protocols.Statistical Analysis System SAS Instituteĭas SAS Institute ist ein 1976 gegründetes, weltweit operierendes Softwarehaus in Privatbesitz mit Sitz in Cary, North Carolina, USA mit über 2,26 Mrd US$ Jahresumsatz. It tends to oppose restrictions on digital-privacy rights or the tightening of copyright and patent rules. Moss’ group filed a friend-of-the-court brief against SAS when the North Carolina case reached the 4th Circuit.
#Sas statistical software cary north carolina software
“It’s the only place they could go knowing they had a decision squarely in their corner.”Īnd the company’s lawyers drove home the point in the new lawsuit, noting that long-time competitors like SPSS, proprietary software now owned by IBM, and newer ones like R, an open-source program that’s finding increasing favor among academics, cover the same analytic ground as SAS in their own unique ways. SAS “couldn’t go into the 4th or 5th Circuit and know they’d be walking into a court where they’ve already got that law,” Moss said. The Federal Circuit has handed down a copyright ruling, in a case involving Silicon Valley giants Google and Oracle, that could prove useful to SAS and that doesn’t have counterparts in jurisdictions like the 5th Circuit and 4th Circuit.Īccording to the federal ruling original works are “entitled to copyright protection as long as the author had multiple ways to express the idea.” Court of Appeals for the Federal Circuit, which has jurisdiction over all patent litigation. Circuit Court of Appeal, which normally would hear cases winding their way up the chain from the Eastern District. District Court Judge Rodney Gilstrap, “doesn’t move on motions to dismiss at all.”Īdding the patent-violation allegations to the lawsuit also could take an appeal of the case away from the 5th U.S. “They make it as hard as possible to get out fast and cheap,” Moss said, adding that the judge already assigned to preside over the SAS lawsuit, U.S. And of course, World Programming “markets to SAS customers for less than the cost of a SAS license,” lawyers for the Cary company said in their July 18 filing in Texas.īy going to the Eastern District of Texas it’s availing itself of a set of procedural rules that’s extremely friendly to plaintiffs, Moss said.Īmong other things, judges are reluctant even to consider motions to dismiss a case early, a stance that puts pressure on the target of a lawsuit to come to the bargaining table, according to a 2015 report by the Electronic Frontier Foundation. The idea is that a programmer or customer used to working with the Cary company’s product can switch to World Programming’s without missing a beat, or even having to learn anything new. It then wrote its own back-end software called WPS Analytics that mimics the function of the SAS suite exactly.
#Sas statistical software cary north carolina manuals
World Programming, according to court filings, bought copies of the “ learning edition” SAS sells to students, studied the program’s manuals and ran statistical procedures on test data to see how they worked. It has its own programming language that allows users to customize an analysis to a mind-boggling degree, and a reporting system that for many years was the industry standard in academia and finance.
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Unlike a spreadsheet, it’s geared to working with enormous data sets and applying to them some of the most advanced statistical methods in mathematics. The SAS software suite is the original, flagship offering of SAS Institute, and has been around in various forms since 1972. Circuit Court of Appeals Judge Harvie Wilkinson said in a ruling last fall that confirmed SAS can’t get an injunction from its North Carolina case. It’s “almost self-evident” that would ruin World Programming given that its SAS clone is the only thing the British company sells, 4th U.S. SAS is seeking an injunction that would bar World Programming from duplicating the function of its analytics package, and force it to recall and destroy any copies of World Programming’s product that exist.
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“It’s blatant forum shopping,” said Alex Moss, a staff attorney at the Electronic Frontier Foundation, a San Francisco advocacy group.
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SAS went there after previous bids to get World Programming slapped with a copyright-infringement verdict failed in both a North Carolina federal court and in the United Kingdom. The Eastern District is well known in legal circles for its friendliness to patent holders, to the point that in 2015 it hosted 44 percent of all the federal patent lawsuits filed that year, according to the San Francisco-based Electronic Frontier Foundation.