Third Circuit Declares Copyright Independence for Fireworks SystemsâPyrotechnics v. XFX
Pyrotechnics (under the âFireOneâ brand) claims to be the âworld leader in digital pyrotechnic firing systems.â The system involves a central unit, field modules, and software to run the system. Communication between the central unit and the field modules takes place via a âproprietary protocol.â FireTEK, a Romanian competitor, reverse-engineered Pyrotechnicsâ hardware to understand the protocol, then it built a rival central unit that could control Pyrotechnicsâ field modules. Pyrotechnics registered a copyright in its protocol and sued FireTek for copyright infringement.
Letâs take a closer look at Pyrotechnicsâ registration. According to the deposit copy, âthe protocol includes three components: (1) a custom digital message format; (2) specified individual messages that conform to the format and communicate specific information; and (3) a transmission scheme that describes how an individual digital message is converted into an analog signal that can be sent over the wires that connect the control panel and field module.â This kind of vague technical jargon is what we typically see in patent specifications, not âoriginal works of authorship.â Indeed, the court says âthe Deposit Copy reads like a manual, instructing a user how to generate digital messagesâand convert those digital messages to analog signalsâthat Pyrotechnicsâs control panel and field module can send and understand.â
Pyrotechnicsâ copyright registration then starts to fall apart. It didnât register any source or object code. The court says it canât protect âelements of Pyrotechnicsâs protocol related to the transmission schemeâ because those are methods of operation per 102(b). The deposit copy text may be copyrightable as such, but that doesnât necessarily protect âthe digital message format or individual messages described in the Deposit Copy.â
So the question becomes: are the digital message format and the individual messages copyrightable? We conclude notâŠPyrotechnicsâs digital message format is an uncopyrightable idea and the individual digital messages described in the Deposit Copy are insufficiently original to qualify for copyright protection.
The digital message format is uncopyrightable because:
Pyrotechnics admits that there is no way for the control panel to communicate with the field module without using the digital message format. Because there are no other âmeans of achieving the [protocolâs] desired purposeâ of communicating with the devices, the digital message format must be part of the uncopyrightable idea and not a protectable expression
In a footnote, the court adds: âextending copyright protection to Pyrotechnicsâs digital message format would yield the very situation merger seeks to prevent: granting Pyrotechnics a monopoly on communication with its field modules. To secure such a monopoly, Pyrotechnics could have sought a patent, but it did not.â
The individual messages between the central unit and the field modules lack originality. âThe digital message format provides rules for constructing messages with particular meanings, and individual messages are generated by applying those rules mechanically.â Any messages expressly âcreativelyâ would fail to work with the field modules. âThus, the messages are no more than an âinevitable sequence dictated by the logicâ of the format.â The sequencing and organization of the messages follows standard programming norms, so they lack creativity too.
Implications
First, the court recognizes the anti-competitive dynamics driving this case. Pyrotechnics wants to control the market for every component of its system. If Pyrotechnics can control the central unit/field module interface, then a customer wanting to switch to a rival vendor would have to toss all of their existing equipment. By allowing FireTEK to compete for the central unit, it lowers customersâ switching costs and reduces barriers to entry. As we celebrate freedom today, letâs also celebrate the idea/expression dichotomy for freeing up marketplaces.
This ruling seemingly addresses some of the missing pieces from the Google v. Oracle litigation. Pyrotechnics didnât provide an API for its field modules, so FireTEK reverse-engineered the specifications to communicate with the field modules. Copyright law then permits FireTEK to craft messages that enable interoperability. This outcome may be unique due to the quirks of Pyrotechnicsâ deposit copy and perhaps the overly simple programming to control the field modules, but the interoperability implications of this ruling ought to apply more universally.
Case citation: Pyrotechnics Management, Inc. v. XFX Pyrotechnics LLC, 2022 WL 2336477Â (3d. Cir. June 29, 2022)
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