4 ms·

An interesting argument. However, the Oracle Google case is not about derivative works. Google admitted to copying.

• dragonwriter 9y ago
  > However, the Oracle Google case is not about derivative works. The Copyright Act, however, is; if APIs are protected by copyright, than making a derivative work of an API is an exclusive right of the copyright owner. Which is a key reason why there is widespread concern about the CAFCs ruling on API copyright. (OTOH, Google losing on fair use at the CAFC makes it more likely that the API copyright issue gets to the Supreme Court in this case rather than a later one, so it might be a good thing for resolving that concern.)
  • hcknwscommenter 9y ago
    Clean room reimplimentation is not considered a derivative work. Derivative works requires actually copying (and then derivatizing).
    • wtallis 9y ago
      > Derivative works requires actually copying No literal copying of text is required for something to be a derivative work. Transforming a work implementing an API into documentation describing the API would produce a derivative work of that API, if the API is protected by copyright. Transforming that documentation of the API into another implementation of that API would also produce another derived work of the API.