The commission of the European Communities published on 28th January 2008 the COM(2008) 23 final 2008/0019 (COD) related to the Proposal for a directive…/…/EC of the European parliament and the council on the legal protection of computer programmes. The function of a computer program is to communicate and work together with other components of a computer system and with users and, for this purpose, a logical and, where appropriate, physical interconnection and interaction is required to permit all elements of software and hardware to work with other software and hardware and with users in all the ways in which they are intended to function. The parts of the program which provide for such interconnection and interaction between elements of software and hardware are generally known as “interfaces”. This functional interconnection and interaction is generally known as “interoperability”; such interoperability can be defined as the ability to exchange information and mutually to use the information which has been exchanged.

Objectives

In accordance with the provisions of this Directive, Member States shall protect computer
programs, by copyright, as literary works within the meaning of the Berne Convention for the
Protection of Literary and Artistic Works. For the purposes of this Directive, the term “computer programs” shall include their preparatory design material.

• Protection in accordance with this Directive shall apply to the expression in any form of a computer program. Ideas and principles which underlie any element of a computer program, including those which underlie its interfaces, are not protected by copyright under this Directive.
• A computer program shall be protected if it is original in the sense that it is the author's own intellectual creation. No other criteria shall be applied to determine its eligibility for protection