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If you automatically throw out cases, what's the point of having a law enabling and encouraging those cases in the first place? Or maybe a better question is: w
by gnoway 10y ago
If you automatically throw out cases, what's the point of having a law enabling and encouraging those cases in the first place? Or maybe a better question is: what would legitimate infringement look like, if what Google did is fair use?
I don't know if APIs should be subject to copyright or not. I certainly don't want them to be. But since APIs have been found copyrightable, it's hard to understand how this wasn't open and shut for Oracle.
- wtallis 10y agoThus far, APIs have only been found copyrightable by the court that is specifically about patents. It's highly doubtful that any court capable of setting binding precedent on the matter will agree, especially to the same industry-destroying extent. It should be expected that when a district court and its jury have their hands tied by a bad appeals court decision, the outcome will look a bit odd. In many ways our system of case law functions like a body of software where patches can only add lines of code, not remove them. Convoluted solutions to work around previous mistakes end up practically set in stone and refactoring is at best a once in a lifetime opportunity.