World Programming US Litigation



16 Oct 2015




In September 2014 a federal court in North Carolina re-affirmed that World Programming’s WPS software does NOT infringe any SAS Institute copyrights, correctly echoing the prior judgments of the UK High Court July 2010, UK Court of Appeal May 2012 and the European Court of Justice (CJEU) January 2013.

The same federal court in North Carolina also decided in September 2014 that World Programming had breached the terms of a SAS Institute Learning Edition software license agreement. World Programming will appeal this decision which was decided on paper without hearing any witnesses and which contradicts the prior UK and European Judgments.

The recent October 2015 damages award against World Programming by a North Carolina jury was based on this previous decision of the federal court. The federal court’s ruling restricted the jury from hearing important facts including the fact that the UK and European courts had already determined that World Programming’s use of the Learning Edition software was lawful.

In addition, at the recent October 2015 trial, SAS Institute’s executives acknowledged under cross-examination that SAS Institute’s understanding of its own license agreement was consistent with World Programming’s understanding and was contrary to the summary decision of the court and the arguments that SAS Institute had previously advanced. Consequently, World Programming intends to pursue an appeal and is confident that it ultimately will prevail.

For over seven years SAS Institute has attempted to use the weight of the legal system to maintain monopolistic control of the SAS language market. That attempt failed in Europe with the finalisation of the UK Court of Appeal judgment after referral of that case to the highest court in Europe, the CJEU.

World Programming will continue to protect users of the SAS language. Data scientists can today choose from multiple SAS language compilers able to run their SAS language programs.

World Programming customers include leading multi-national companies and governments who use WPS software to run mission critical applications every day. World Programming will maintain its commitment to introducing innovation, choice and value into the market for SAS language users with new features, functionality and integration with emerging Big Data tools needed by tomorrow’s businesses.

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