Stories
Slash Boxes
Comments

SoylentNews is people

posted by janrinok on Monday June 29 2015, @11:51PM   Printer-friendly
from the grab-some-popcorn dept.

TheVerge is reporting the Supreme Court has declined to hear the long-running Google, Inc. v. Oracle America, Inc. case concerning copyright over the Java APIs. This is an important case, because it sets precedent if publicly documented software APIs can be copyrighted. This has relevance throughout the FOSS community, from Wine (reimplementing the Windows API) to Octave (reimplementing the MATLAB API).

A brief history of events: The original decision, handed down in 2012 in district court, found strongly against Oracle that APIs were not protected by copyright. Oracle appealed, and the Federal Circuit Court of Appeals reversed the district court decision, finding the "structure, sequence and organization" of an API was copyrightable.

Google petitioned SCOTUS to hear the case. The Court seemed unsure, and requested the input of the Solicitor General (Donald Verrilli, appointed by Barack Obama). Mr. Verrilli replied with a brief instructing SCOTUS not to hear the case. Today, SCOTUS officially declined to hear arguments.

By declining to hear arguments SCOTUS defers to the appeals court ruling: APIs are copyrightable. Google may still have a defense under the Fair Use doctrine, but now all other users of APIs will have to prove Fair Use if a suit is brought. There is no option to overturn this precedent save a new case working through the courts. Soylentils, what will the effects of this decision be? Have you used or reverse-engineered code from public APIs in your own work?


Original Submission

 
This discussion has been archived. No new comments can be posted.
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
  • (Score: 5, Informative) by takyon on Tuesday June 30 2015, @12:28AM

    by takyon (881) <reversethis-{gro ... s} {ta} {noykat}> on Tuesday June 30 2015, @12:28AM (#203100) Journal

    This is an important case, because it sets precedent if publicly documented software APIs can be copyrighted. This has relevance throughout the FOSS community, from Wine (reimplementing the Windows API) to Octave (reimplementing the MATLAB API)... There is no option to overturn this precedent save a new case working through the courts.

    https://www.eff.org/deeplinks/2015/06/bad-news-supreme-court-refuses-review-oracle-v-google-api-copyright-decision [eff.org]

    Today’s decision doesn’t mean that Oracle has won the lawsuit. The case will now return to the district court for a trial on Google’s fair use defense. Both the Federal Circuit opinion and a brief by the U.S. Solicitor General recognized that Google was entitled to a trial on that defense. However, fair use shouldn’t be the only defense to API copyrightability. Fair use is a complex and potentially expensive defense to develop and litigate. While Google has the financial resources to take that defense to trial, few start-ups have the ability to do so. The Federal Circuit’s decision thus could deter new companies from competing with a large, litigious competitor by using the latter’s APIs. Hopefully other courts will decline to follow the Federal Circuit’s unwise opinion, which fortunately isn’t binding on the other appeals courts.

    --
    [SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
    Starting Score:    1  point
    Moderation   +3  
       Informative=3, Total=3
    Extra 'Informative' Modifier   0  
    Karma-Bonus Modifier   +1  

    Total Score:   5  
  • (Score: 3, Interesting) by Non Sequor on Tuesday June 30 2015, @01:12AM

    by Non Sequor (1005) on Tuesday June 30 2015, @01:12AM (#203117) Journal

    I tend to try to play devil's advocate in these things and try to understand them in non-"the sky is falling" terms, but I really can't get a clear feel for what the scope of this is going to be and it seems like it has bad implications.

    --
    Write your congressman. Tell him he sucks.
    • (Score: 0) by Anonymous Coward on Tuesday June 30 2015, @01:36AM

      by Anonymous Coward on Tuesday June 30 2015, @01:36AM (#203126)

      Furthermore there is zero up-side to a ruling like this. Copyrighting an API does not provide an incentive to create the API in the first place, the API is just a means to the end goal of creating software that does something.

    • (Score: 3, Insightful) by frojack on Tuesday June 30 2015, @02:20AM

      by frojack (1554) on Tuesday June 30 2015, @02:20AM (#203144) Journal

      This is a case that would never have happened had Google just wanted to USE the APIs.

      Where ORACLE got the undies in a knot was that Google really wanted to build a replacement for the JVMs that Oracle was selling which was to be compatible at the API level, so zero code change would be needed.

      I've done this same thing while moving code from one compiler to another. Write a subroutine that mimics Compiler A's api but calls the comparable api from Compiler B, (or my own). Anybody who has managed large code bases for more than a couple years has been through this kind of migration a few times, with APIs, File Access routines, Databases, etc. Its far cheaper to make a simple function map routine than it is to dig through mountains of code of various vintage. Sometimes you can write code munging software to go fix every instance of the original API invocations when the approve approach can't be done. (Hell I wrote an engine for that as well). But most big conversion projects try to keep the API invocations in place, because every line you touch is a line you may break.

      In fact the original developers of the APIs in question, who were with SUN at the time have no problem with the Google's plan, and said so on many occasions.

      Its not an insurmountable problem. Its just a huge annoyance. Chances are just a minor munge on the API text with a code pre-processor to insert or re-order API elements is all that is needed. Maybe there should be a huge push to get all such APIs into the public domain with a non-retractable dedication.

      --
      No, you are mistaken. I've always had this sig.
      • (Score: 3, Insightful) by Anonymous Coward on Tuesday June 30 2015, @02:38AM

        by Anonymous Coward on Tuesday June 30 2015, @02:38AM (#203148)

        push to get ... into the public domain

        "Public domain"? What's that? You mean that mythical thing that copyright was supposed to enrich but has instead been used to mercilessly rape and pillage our culture?

  • (Score: 0) by Anonymous Coward on Tuesday June 30 2015, @01:27AM

    by Anonymous Coward on Tuesday June 30 2015, @01:27AM (#203122)

    Armed with this ruling, SCO might've had a case, were it not for the fact that Novell actually owned the System V API (d'oh!) and that many parts of the Unix were either open source'd or allowed to be standardized between the mid 1970's and early 2000's.