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The approach taken in Navitaire was reaffirmed in the recent decision in Nova v Mazooma Games, where it was similarly held that the reproduction of the look and feel of an existing program in original source code did not infringe copyright in the original program. However, both Navitaire and Nova concern programs with high levels of abstraction and may be limited to their facts. It is therefore entirely possible that the “look and feel” of a program in a future case may be protected if there are less abstract concepts and closer similarities between programs. Thus, we may not have seen the end of “look and feel” protection through copyright.

Mr Justice Tugendhat ruled that the allegation of paedophilia was serious and could have damaged the plaintiff’s reputation. Now, I don’t know whether Mr Justice Tugendhat has a profile on Facebook or has any idea about social networking sites, but he should be aware, or have been made aware by the defence, that this type of abuse goes on more than he might imagine, albeit not quite as acerbic, indecent and tasteless as in this case. To be clear, the author does not support this sort of bullying in the slightest.