Boston Ð Athena Design President David Pollak filed a writ of mandamus in the Lotus Development v. Borland International copyright case, while the company released a new version of its Mesa spreadsheet removing Lotus 1-2-3 macro compatibility from the product.
The moves followed an August ruling by U.S. District Judge Robert Keeton that the 1-2-3 macro reader in Borland's Quattro Pro spreadsheet infringes on Lotus's intellectual property. Borland shipped a nonoffending version of Quattro while appealing the decision to the U.S. Court of Appeals.
Though the decision has no immediate effect on Mesa or other programs besides Quattro that include 1-2-3 macro compatibility, Pollak believes it sets a precedent in allowing copyright protection for a computer language. "I am looking to establish that a programming language is a form of protected speech, no different than artistic or editorial expression," he said.
"It's as if Braille or American Sign Language were protected and anybody using them had to pay royalties," he added. Pollak, the principle author of Mesa, is also a member of the Rhode Island bar and has now been admitted to practice in the 1st U.S. Circuit. He will represent himself.
Pollak's action "points out how the [Lotus-Borland] case is affecting other companies. It has a broad effect on the industry," said a spokesman for Borland International. Lotus declined to comment on Pollak's motion.
If granted, the writ of mandamus would require Judge Keeton to review his decision in light of First Amendment guarantees for protected speech. The motion is not yet docketed by the court, but Pollak expects it to be heard before the end of 1993. The Borland appeal may not reach trial for a year or more.
The legal filing is by Pollak personally, not Athena Design. The company, however, released Mesa 1.5A without 1-2-3 macro compatibility. The new version, available free to registered users via the Internet archives (cs.orst.edu, ftp.cica.indiana.edu) or direct from Athena, is the only officially supported version of Mesa. The upgrade also includes a variety of bug fixes.
Athena Design can be reached at 617/734-6372.