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Maybe we get lucky and the SCOTUS ruling comes down against uncopyable API's. But while that seems questionable at the moment, it's important to remember one th
by mindcrime 6y ago
Maybe we get lucky and the SCOTUS ruling comes down against uncopyable API's. But while that seems questionable at the moment, it's important to remember one thing: there is always an "out" even in the "nuclear option" case and that is "have Congress change the law".
It seems to me that now is the time to start thinking about putting together a mass effort to get Congress to change copyright law, to establish clearly the semantic distinction between API and implementation, and to make it clear that the API part can be "copied" in the name of interoperability.
No, that's not an easy thing to accomplish, especially without armies of highly paid lobbyists, but I'm guessing that a few big companies - like cough Google cough might be interested in supporting such an effort.
- mjw1007 6y agoI observe the 1978 report that recommended that computer programs should be subject to copyright included the following recommendation in its conclusion: « Any legislation dealing with either computer or photocopying issues enacted and based upon these recommendations should be subject to a process of periodic review. » http://digital-law-online.info/CONTU/PDF/Chapter5.pdf http://digital-law-online.info/CONTU/PDF/Chapter5.pdf
- foota 6y agoMan, wholesale copyright (and patent) reform towards a more restrictive view wrt what is copyrightable and duration would be like Christmas for me.
- returningfory2 6y ago+1 to this. More generally, I feel that one of the main reasons the Supreme Court is such a powerful body nowadays, and why cases like this are considered so important, is because Congress has become so ineffectual. We have internalized the idea that the Supreme Court has the last word on every matter before it. But it emphatically does not. The Supreme Court is only the last word on constitutional cases. So many decisions - this one, certain decisions on gerrymandering - are completely overturnable by Congress.
- mindcrime 6y agoMore generally, I feel that one of the main reasons the Supreme Court is such a powerful body nowadays, and why cases like this are considered so important, is because Congress has become so ineffectual. We have internalized the idea that the Supreme Court has the last word on every matter before it. But it emphatically does not. The Supreme Court is only the last word on constitutional cases. So many decisions - this one, certain decisions on gerrymandering - are completely overturnable by Congress. I agree 100% with those sentiments.
- dragonwriter 6y ago> The Supreme Court is only the last word on constitutional cases. No more so than statutory or any other cases; just as regulation can be changed by the executive and statute can be changed by the Congress, the Constitution can be amended by the process set out in the document itself. The Supreme Court is the ultimate arbiter of the current state of the law, but no law that it applies, including the Constitution, is immutable.
- curt15 6y ago>but I'm guessing that a few big companies - like cough Google cough might be interested in supporting such an effort. Microsoft also supported Google in this case.
- gerash 6y agoAnd Apple did not
- deleted 6y ago[deleted]
- whatsmyusername 6y agoUnless the democrats sweep I see little to nothing to imply that anything of note will happen in congress for the foreseeable future.